Arizona’s attorney general, Mark Brnovich, sent Treasury Secretary Janet L. Yellen a letter this week suggesting that the state was preparing to take its concerns to court amid what he believed was “blatant federal encroachment.”
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The lawsuit, filed in U.S. District Court, argues that the Treasury Department is abusing its discretion to set conditions on how states spend the pandemic aid. It accuses the Treasury Department of acting “arbitrarily and capriciously” in determining that stopping the spread of the coronavirus is a condition for using the relief funds. And it says the Treasury Department does not have the expertise to make public health pronouncements.
Congress approved the state and local relief funds in March as part of the American Rescue Plan. Republicans opposed the law, but across the country they have been using the money to fill state coffers and to try to enact conservative policies.
The law gave the Treasury Department broad discretion to make rules governing how the money is spent and ensure that it is not being misused.
The Treasury Department on Friday defended its decision to restrict the use of the relief funds.
“Treasury believes the rule is correct and allowed by the statute and Constitution,” Dayanara Ramirez, a Treasury spokeswoman, said in a statement.
Several Republican-led states have already sued the Biden administration over a provision in the law that says states cannot use relief funds to subsidize tax cuts, claiming that the restriction is a violation of state sovereignty.
Mr. Ducey made a similar argument on Friday about attempts to stop his education programs.
“Unconstitutional overreach by one branch of government over another’s directive should not and cannot get in the way of that,” he said.