ACLJ Joins 19 U.S. Senators and 55 U.S. Representatives in Stand Against the Unconstitutional Ban on States Lowering Taxes

The American Center for Law and Justice (ACLJ) has partnered with 19 U.S. Senators and 55 Members of the U.S. House of Representatives to stand against the blatantly unconstitutional ban on states lowering taxes. The ACLJ filed an amicus brief on behalf of 74 Members of Congress in federal district court in support of Ohio’s lawsuit and its request for injunctive relief.

Last month, after five bipartisan COVID-19 stimulus bills enacted in2020, Democrats in the U.S. Senate and U.S. House of Representatives opted to use the budget reconciliation process to approve a partisan sixth stimulus bill. This resulted in a law littered with problems, but one of the worst is a provision inserted at the last minute that functionally prohibits states from cutting state taxes anytime between now and 2024. This egregious abuse of power eviscerates each state’s constitutional authority to set its own taxation policy.

“Those on the Left are reluctant to allow a crisis to go to waste,” says ACLJ Executive Director Jordan Sekulow. “They are now determined to weaponize COVID-19 relief to deprive conservative, low-tax states of their sovereign constitutional right to lower their tax rates.” 

Fortunately, states are fighting back. Ohio Attorney General Dave Yost was the first to file a lawsuit, correctly calling the prohibition an unconstitutional attempt to commandeer state taxing authority. Twenty-one additional attorneys general warned of potential legal action, and 13 states followed that up with a lawsuit filed in Alabama.

In today’s filing in Ohio, the ACLJ has asked the federal district court to grant Ohio’s motion and immediately enjoin enforcement of this unconstitutional coercion. The ACLJ is also preparing to support the other states that are fighting back.

The following Members of the U.S. Senate and U.S. House have joined the ACLJ’s brief filed today in federal district court in Ohio:

U.S. Senators Mike Crapo, Tim Scott, John Barrasso, Marsha Blackburn, John Boozman, Mike Braun, John Cornyn, Kevin Cramer, Ted Cruz, Steve Daines, Bill Hagerty, James Lankford, Roger Marshall, Rob Portman, Jim Risch, Ben Sasse, Thom Tillis, Roger Wicker, and Todd Young.

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U.S. Representatives Jim Banks, Robert Aderholt, Rick Allen, Andy Biggs, Gus Bilirakis, Dan Bishop, Lauren Boebert, Kevin Brady, Mo Brooks, Ted Budd, Kat Cammack, Jerry Carl, Buddy Carter, Madison Cawthorn, Steve Chabot, James Comer, John Curtis, Warren Davidson, Byron Donalds, Jeff Duncan, Scott Fitzgerald, Scott Franklin, Bob Gibbs, Bob Good, Lance Gooden, Marjorie Taylor Greene, Glenn Grothman, Michael Guest, Diana Harshbarger, Vicky Hartzler, Kevin Hern, Yvette Herrell, Ashley Hinson, Chris Jacobs, Fred Keller, Doug LaMalfa, Tom McClintock, Dan Meuser, Mary Miller, Blake Moore, Steven Palazzo, Scott Perry, Guy Reschenthaler, David Rouzer, Steve Scalise, Jason Smith, Victoria Spartz, Michelle Steel, W. Gregory Steube, Claudia Tenney, Ann Wagner, Tim Walberg, Michael Waltz, Randy Weber, and Brad Wenstrup.

“We are especially grateful to Senate Finance Committee Ranking Member Mike Crapo (ID), Sen. Tim Scott (SC), and Rep. Jim Banks (IN) for leading this coalition of elected officials,” says Sekulow.

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The American Center for Law and Justice (ACLJ), focusing on the preservation and defense of constitutional rights, is based in Washington, D.C. For more information, visit

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