Today, the Sixth Circuit will consider another governmental mandate–this one, a tax mandate–as it hears argument (by video) in a case that pits Ohio once more against the federal government. The case is Ohio v. Yellen, No. 21-3787. The panel consists of Judges Griffin, Donald, and Bush. Argument is expected to start around 9:30. You can find a link to a live audio stream of the argument here.
The origins of this case go back further than any of the vaccine-related mandates that have dominated headlines (including this Blog’s) for the past several weeks. On March 11, 2021, President Biden signed into law the American Rescue Plan Act (“ARPA”). Through ARPA, Congress committed to spending roughly $1.9 trillion to address the harms, including economic harms, that COVID-19 has caused.