It’s a bit of a grab bag on today’s BradCast, but one that will hopefully keep you well prepared for your next conversation with any of your still brain-poisoned wingnut friends, family and coworkers.[Audio link to full show is posted below summary.]

Included in our grab bag of coverage today…

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One Response

  1. I seriously doubt Republican AGs will prevail in their effort to contest the prohibition against using COVID relief funds for tax cuts.

    Per the Supreme Court’s decision in South Dakota v. Dole (1987), the federal government’s right under the Spending Clause of the Constitution to impose conditions on spending federal monies will be upheld so long as the purpose of the spending measure is to “promote the general welfare.”

    The case does require that the condition (1) be unambiguously established so that recipients can knowingly accept or reject them; (2) be germane to the federal interest in the particular national projects or programs to which the money is directed; (3) not violate other provisions of the Constitution, such as the First Amendment or the Due Process or Takings Clauses of the Fifth Amendment; and (4) not cross the line from enticement to impermissible coercion, such that states have no real choice but to accept the funding and enact or administer a federal regulatory program.