Editorial Highlights Implications of Small Business Wins in U.S. Supreme Court

August 2, 2023

Supreme Court decisions empower small business owners

Editorial Highlights Implications of Small Business Wins in U.S. Supreme Court

In a recent op-ed published in The Washington Times, Beth Milito, Executive Director of the NFIB Small Business Legal Center, highlights the U.S. Supreme Court’s support for small business in a series of rulings – and explains why small business owners should be paying attention to these decisions despite the lack of media attention. “The court rolled back government overreach while empowering Main Street and mom-and-pop job creators. At a time when small businesses are struggling from record overregulation and plummeting optimism, the Supreme Court’s actions put them on track to do what they do best: Hire, expand, and give back to their communities.” Milito explains the biggest win for small businesses was the Sackett v. Environmental Protection Agency decision, in which the Supreme Court struck down the EPA’s heavy-handed attempt to control huge swaths of land, which hurts small farms and businesses: “The Supreme Court said: No more. It restored freedom to farmers and small-business owners while getting the federal government out of the way. This decision will make it easier for them to invest in their land and contribute more to our nation’s food supply and growth.” Milito goes on to note other victories, including the result of the Glacier Northwest Inc. v. International Brotherhood of Teamsters decision, a decision that protects small businesses from labor unions intentionally destroying property during strikes. She stated: “Had the Supreme Court sided with unions, it would have given them a green light to destroy as much property as possible since no one could hold them accountable. Fortunately, the justices protected employers, including the small businesses that unions often target. If a union destroys property on purpose, a small business can sue to get relief.” Milito continues with an emphasis on the positive impacts stemming from other rulings: “….The Supreme Court made it easier for property owners (including small businesses) to sue the government. In another case, the court ruled that small businesses can’t be forced to litigate lawsuits while appealing arbitration decisions, saving them significant time and money. “In yet another case, the court eased penalties on small-business owners who have foreign accounts but don’t file the right form. They still have to follow the law, but they shouldn’t be penalized to the point of destruction. “Finally, the Supreme Court protected small businesses when governments seize their property. Federal, state and local authorities have a history of taking and selling property in response to unpaid taxes, and they keep any excess money they make. […] This is blatant theft, and the Supreme Court unanimously agreed.” Sharing disappointment in the court’s decision to uphold California’s pork production mandates, Milito says of the outcome: “This opens the door to more states forcing their foolish policies on small businesses in other states. Such burdens will undoubtedly kill jobs and even close small businesses in the years ahead.” Milito concludes by noting that the Supreme Court’s “actions will help small businesses rise and thrive for years to come, building up America as they’ve always done.”

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