Tax Case Flips the Script for Democrats and the GOP. But What About for Jurists?
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Tax Case Flips the Script for Democrats and the GOP. But What About for Jurists?

Pro Publica |
August 22, 2018

A lawsuit attacking last year’s tax cut will test whether judicial conservatives align with Republicans, who find themselves defending Congress’ power, or with the states’ rights doctrine at the heart of their legal thinking.


In a dispute between states’ rights and the congressional power to tax, you would expect conservatives to line up with the states and liberals with Congress. As the battle lines are drawn in State of New York v. Mnuchin, a lawsuit filed last month by the states of Connecticut, Maryland, New Jersey and New York, it will be Republicans defending the power of Congress and Democrats rallying to the cause of the states.

While well off most people’s radar, the case has the potential to disrupt President Donald Trump’s signature legislative achievement: last year’s massive tax cut. What remains to be seen — and will largely determine the outcome — is whether judicial conservatives align with Republicans (as they usually do) or defend the states’ rights doctrine at the heart of their legal thinking.

The lawsuit attacks the tax cut passed at the end of last year by the Republican-controlled Congress, specifically its limits on the deductibility of state and local taxes. The law resulted in much higher federal taxes for many residents of high-tax states, most of which are governed by Democrats. Last month, the states brought suit in federal court in Manhattan challenging the constitutionality of this provision of the new law. The legal consensus is that the lawsuit is unlikely to prevail. But the strange bedfellows of this issue may be causing legal analysts to underestimate its chances.

Credit by- Pro Publica

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