Arizona sues Biden to keep school anti-mask rules

Arizona Gov. Doug Ducey is suing the Biden administration over its demand that the state stop sending millions in federal COVID-19 relief money to schools if they don’t have mask requirements or close due to COVID-19 outbreaks

PHOENIX -- Arizona Gov. Doug Ducey sued the Biden administration on Friday over its demand that the state stop sending millions in federal COVID-19 relief money to schools that don't have mask requirements or that close due to COVID-19 outbreaks.

The lawsuit filed in federal court in Phoenix comes a week after the U.S. Treasury Department demanded that Ducey either restructure the $163 million program to eliminate restrictions it says undermine public health recommendations or face a repayment demand. The Treasury Department also wants changes to a $10 million program Ducey created that gives private school tuition money to parents if their children's schools have mask mandates.

Ducey's lawsuit said the Treasury Department created restrictions on spending the money Arizona receives under President Joe Biden's American Rescue Plan Act on its own and without legal authority. It asks a court to declare that the Treasury Department's rules are illegal and permanently block enforcement and any demands that it pay back the $173 million it is spending on the two programs.

“Nothing in that underlying statute authorizes Treasury to condition the use of (ARPA) monies on following measures that, in the view of Treasury, stop the spread of COVID-19,” the lawsuit says. “If Congress had truly intended to give Treasury the power to dictate public health edicts to the States, and recoup or withhold (monies) ... it would have spoken clearly on the matter. It did not.”