U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether the New York Opioid Stewardship Act’s surcharge is a “tax” within the meaning of the Tax Injunction Act, despite having features that other circuits repeatedly have held indicative of a punitive fee.

Case Updates

Cert. petition denied

October 04, 2021

U.S. Chamber files amicus brief urging the Supreme Court to clarify that punitive state and local fines are not excluded from federal judicial review under the Tax Injunction Act

June 18, 2021

Click here to view the amicus brief. Yaakov M. Roth, Michael A. Carvin, and Brinton Lucas of Jones Day and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents