State of Arizona v. Janet Yellen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF ARIZONA, No. 21-16227 Plaintiff-Appellant, D.C. No. v. 2:21-cv-00514-

DJH

JANET YELLEN, in her official capacity as Secretary of the Treasury; RICHARD K. DELMAR, in OPINION his official capacity as acting inspector general of the Department of Treasury; UNITED STATES

DEPARTMENT OF THE TREASURY,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted January 13, 2022 San Francisco, California

Filed May 19, 2022

Before: Ronald M. Gould, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Gould; Concurrence by Judge R. Nelson SUMMARY *

Standing

The panel reversed the district court’s dismissal for lack of subject matter jurisdiction of an action brought by the State of Arizona against federal defendants alleging that the American Rescue Plan Act (“ARPA”) violated the Constitution’s Spending Clause and the Tenth Amendment.

Congress passed ARPA to help state, local, and tribal governments…