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Amicus Briefs

State of Kentucky and State of Tennessee v. Yellen

The “Tax Cut Ban” provision of the American Rescue Plan Act of 2021 encroached in an unprecedented way on a core power exclusively assigned to the states—the power to change or reduce a state’s taxation of its own citizens. Congress imposed this novel condition on spending through ambiguous legislation and an unconstitutional delegation to the U.S. Department of Treasury, which in turn published a Final Rule that only making the constitutional violations worse.

NCLA argued that Congress’s attempt to arrogate state legislative powers to reduce taxes or otherwise change taxation policy violated several bedrock provisions of the U.S. Constitution that define and constrain federal lawmaking.

Mark Chenoweth
President and Chief Legal Officer
Sheng Li
Litigation Counsel
John J. Vecchione
Senior Litigation Counsel

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Plaintiffs-Appellees

March 17, 2022 | Read More


In NCLA Amicus Win, Sixth Circuit Strikes Down Congress’s Unconstitutional State Tax Cut Ban

November 22, 2022 | Read More

NCLA Argues Against Unconstitutional and Dangerous Federal Government Control over State Taxes

March 21, 2022 | Read More



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