Thursday, July 9, 2026
71.44 °f
Magee
  • About Us
  • Our Team
  • Terms of Service
  • Privacy Policy
  • Advertising
  • Contact Us
No Result
View All Result
MageeNews.com
Advertisement
  • Home
  • Message from the Prez
  • News
  • Happenings
  • Obituaries
  • Sports
  • Schools
  • Videos
  • Ducks on the Pond
  • Home
  • Message from the Prez
  • News
  • Happenings
  • Obituaries
  • Sports
  • Schools
  • Videos
  • Ducks on the Pond
No Result
View All Result
MageeNews.com
No Result
View All Result
Home News Mississippi News

Fifth Circuit Court of Appeals Sides with AG Fitch Against Overreaching Tax Mandate

Sue Honea by Sue Honea
June 27, 2024
in Mississippi News, News
0
AG Fitch Recognizes Mississippi Heroes Who Serve Victims of Crime
0
SHARES
39
VIEWS
Share on FacebookShare on Twitter

Please note that this post contains affiliate links and any sales made through such links will reward MageeNews.com a small commission – at no extra cost to you.

Fifth Circuit Court of Appeals Sides with AG Fitch Against Overreaching Tax Mandate

It is the responsibility of our elected legislators to decide how and when to cut taxes, as well as how to best stimulate economic growth post-COVID-19. This thoughtful opinion ensures that decisions with substantial fiscal and economic implications for our State are made by Mississippi legislators with the needs of the Mississippi citizens they represent in mind. I am proud to stand with both Texas and Louisiana to protect our right to give money back to the people without federal interference or overreach.
Fifth Circuit Court of Appeals Sides with AG Fitch Against Overreaching Tax Mandate

 

It is the responsibility of our elected legislators to decide how and when to cut taxes, as well as how to best stimulate economic growth post-COVID-19. This thoughtful opinion ensures that decisions with substantial fiscal and economic implications for our State are made by Mississippi legislators with the needs of the Mississippi citizens they represent in mind. I am proud to stand with both Texas and Louisiana to protect our right to give money back to the people without federal interference or overreach.

 

 

(Jackson, Mississippi) The Fifth Circuit Court of Appeals has affirmed a permanent injunction and sided with Attorney General Lynn Fitch agreeing that the Tax Mandate in the American Rescue Plan Act (ARPA) “unlawfully forc[es] the States to adopt certain tax policies” and noting that it exceeds Congress’ Spending Clause authority and violates the anti-commandeering doctrine. General Fitch filed this suit alongside the Attorneys General of Texas and Louisiana.

 

Related posts

Board Tables Accessory Building Request, Approves Special Events

Board Tables Accessory Building Request, Approves Special Events

July 8, 2026
City of Magee:  Now Hiring

City of Magee: Now Hiring

July 7, 2026

“It is the responsibility of our elected legislators to decide how and when to cut taxes, as well as how to best stimulate economic growth post-COVID-19,” said Attorney General Lynn Fitch. “This thoughtful opinion ensures that decisions with substantial fiscal and economic implications for our State are made by Mississippi legislators with the needs of the Mississippi citizens they represent in mind. I am proud to stand with both Texas and Louisiana to protect our right to give money back to the people without federal interference or overreach.”

 

The Tax Mandate is a provision of the American Rescue Plan Act (ARPA), signed into law on March 11, 2021, that bars states from “directly or indirectly” using federal aid granted to states in ARPA for tax cuts. Under the tax mandate, the U.S. Treasury may claw back funds it believes have been misused to provide tax relief.

 

Attorney General Lynn Fitch, along with the Attorneys General for Louisiana and Texas, filed suit on May 3, 2021, arguing that the Tax Mandate violates the Spending Clause of the U.S. Constitution, commandeers the States’ sovereign authority over their tax policies in violation of the Constitution’s Tenth Amendment, and is ambiguous and not reasonably related to encouraging post-pandemic economic recovery.

 

“In exercising its power under the Spending Clause, Congress has a constitutional obligation to cut a clear deal with the states when they accept federal funding. Because the challenged provision is not clear about what it requires of the states, it falls short of that obligation and is impermissibly ambiguous,” the opinion explains.

 

Under ARPA, Mississippi received nearly $2 billion in COVID-19 relief funds, which is roughly equivalent to 31% of Mississippi’s 2021 budget. Governor Reeves signed the Mississippi Tax Freedom Act into law on April 5, 2022. This law provides more than $500 million in tax relief, eliminating the 4% tax bracket and gradually scaling back the 5% top bracket to 4% over 4 years.

 

“ARPA coerces [the States] into making a choice between losing potentially billions of dollars or surrendering their ability to set state tax policy,” the three-judge panel continued.

 

The complaint was filed in the U.S. District Court for the Northern District of Texas. The Fifth Circuit’s opinion can be read HERE.

 

MageeNews is the online news source for Simpson and surrounding counties as well as the State of Mississippi and beyond.

Share this:

  • Email a link to a friend (Opens in new window) Email
  • Print (Opens in new window) Print
  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
Tags: aglyn fitchMageeNews.com
Previous Post

Nancy J Smith of Mendenhall, Mississippi

Next Post

COMMISSIONER SEAN TINDELL ANNOUNCES STAFFING CHANGES

Next Post
COMMISSIONER SEAN TINDELL ANNOUNCES STAFFING CHANGES

COMMISSIONER SEAN TINDELL ANNOUNCES STAFFING CHANGES

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Daniel Pittman Jr.

by Sue Honea
July 8, 2026
0
Daniel Pittman Jr.

Daniel Pittman Jr. Daniel Pittman Jr. passed away on July 5, 2026. He was born on March 3, 1945, in...

Read moreDetails

Board Tables Accessory Building Request, Approves Special Events

by Sue Honea
July 8, 2026
0
Board Tables Accessory Building Request, Approves Special Events

City Board Tables Zoning Request, Approves Community Events During July Meeting The Magee Board of Aldermen met Tuesday, July 7,...

Read moreDetails

Let’s Celebrate Diane McPhail turning 80!!!

by Sue Honea
July 8, 2026
0
Happy Birthday to a Special Lady—Diane McPhail

I can't believe my dear friend is turning 80!...But she is!  I don't know many 80-year-olds who have the kind...

Read moreDetails
Facebook Twitter Youtube RSS Instagram
MageeNews.com

MageeNews.com is THE source for news and views in Simpson County, Mississippi, and beyond.

Recent News

Daniel Pittman Jr.

Daniel Pittman Jr.

July 8, 2026
Board Tables Accessory Building Request, Approves Special Events

Board Tables Accessory Building Request, Approves Special Events

July 8, 2026
Happy Birthday to a Special Lady—Diane McPhail

Let’s Celebrate Diane McPhail turning 80!!!

July 8, 2026
Magee, US
Thursday, July 9, 2026
clear sky
71.44 ° f
95%
4.85mh
9%
92.03 f 74.95 f
Fri
89.22 f 73.2 f
Sat
90.19 f 70.74 f
Sun
86.09 f 70.29 f
Mon

© 2023 MageeNews.com

No Result
View All Result
  • Home
  • Sue Stuff
  • News
  • Happenings
  • Schools
  • Sports
  • Obituaries
  • Ducks on the Pond
  • Videos

© 2023 MageeNews.com