WASHINGTON, D.C. (April 22, 2026) – NFIB is disappointed by the decision today in the case Enbridge Energy v. Dana Nessel at the U.S. Supreme Court. The Court agreed with the 6^th Circuit’s interpretation of Section 1446(b), which effectively allows a state to thwart the defendant’s right to remove a case to federal court. NFIB joined with the U.S. Chamber of Commerce in filing an amicus brief in the case arguing against the state’s use of procedural gamesmanship.

“Congress never intended for plaintiffs to use procedural gamesmanship and lawsuit manipulation to avoid federal jurisdiction,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “At first glance, this case may seem like inconsequential bureaucracy to the average American, but the Court’s decision will have a very real impact on small business owners whose cases are appropriate for federal court.”

The case concerned Section 1446(b), a critical federal statute that creates a procedural time limit for defendants to remove a case from state to federal court. NFIB’s brief argued against the 6^th Circuit’s interpretation of the statute and challenged the court’s application of a “presumption against removal.”

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.