New York Attorney General Letitia James and New York Gov. Kathy Hochul announced that New York, Connecticut, Maryland, and New Jersey filed a petition for certiorari to the U.S. Supreme Court to continue their lawsuit against the federal government for its unlawful and unprecedented cap on the deduction for state and local taxes, known as SALT.
The petition asks the Supreme Court to review an October 2021 ruling by the U.S. Court of Appeals for the Second Circuit that upheld the district court’s rejection of the states’ suit, which argues that the SALT cap was a politically motivated bid by the former federal administration to interfere with the policy choices of predominantly Democratic states.
The lawsuit—which was originally filed in July 2018 in the U.S. District Court for the Southern District of New York—argued that the new SALT deduction cap was enacted to target New York and similarly situated states, that it interferes with states’ rights to make their own fiscal decisions, and that it will disproportionately harm taxpayers in these states. The top states with the highest average deduction for state and local taxes—a majority of which are Democratic—include New York, Connecticut, Maryland, and New Jersey.