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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Clinton v. City of New York
Citation:
524 U.S. 417, 118 S. Ct. 2091, 141 L. Ed. 2D 393 (1998)Facts
In 1996, Congress passed the Line Item Veto Act, giving the President authority to “cancel” certain spending items and tax benefits in bills after signing them into law. In August 1997, President Clinton canceled a provision in the Balanced Budget Act that would have protected New York from having to repay certain Medicaid-related taxes to the federal government (potentially worth billions of dollars), and a provision in the Taxpayer Relief Act that would have allowed farmer cooperatives to defer capital gains taxes when purchasing processing facilities. New York City and its health care providers faced significant financial liability if the state had to repay the federal government. Snake River Potato Growers had been formed specifically to take advantage of the tax provision and was in negotiations to purchase a processing facility when the President canceled the tax benefit. Both parties sued, arguing that the Line Item Veto Act violated the Constitution’s requirements for enacting legislation.
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