NEW, SANDBOX RULES: Ducey and Brnovich Should Work Together To Sue US, Says DOJ Re: Dueling Rescue Plan Suits (READ Motion)

 Arizona Governor Doug Ducey and Attorney General Mark Brnovich have frequently gone there own ways on matters legal and political. But, when it comes to challenging the federal government's American Rescue Plan, the USDOJ is asking the court to force the elected officials to work together on one case.

Possibly last time Ducey and Brnovich seen together 

Brnovich filed his action last March, fighting the portion of the package that stated that states could not cut taxes if they were taking Rescue Plan monies. U.S. District Court Judge Diane Humetewa denied the request for an injunction against the provision, and the parties are awaiting a decision from the 9th Circuit Court of Appeals. (Video of Jan. 13's oral argument is below)

Two weeks ago, Governor Ducey filed his own challenge against the Rescue Plan in an attempt to salvage his plan to use some of the monies from the federal government to set up programs to provide vouchers to private schools which do not require face masks and to reward school districts that do not require students wear the masks. The federal government had threatened to claw back those funds.

The DOJ now wants the new case to be combined with the older one, and for Judge Humetewa to handle both. (Both judges were appointed by President Barack Obama, by the way.)

"With such a substantial overlap in parties and legal issues, there can be little doubt that relating these two cases under Arizona v. Yellen will advance judicial economy. Judge Humetewa is intimately familiar with the Rescue Plan, Treasury’s authority under that statutory scheme, and attendant standing and Spending Clause issues in this context.  There is no reason for Judge Logan to engage in a “duplication of labor” to do the same."

Ducey's and Brnovich's attorneys will have the chance to respond, and to decide whether to work together on the matter(s).

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

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