Judge Amy Coney Barrett's Nomination for the Supreme Court

Date: September 30, 2020

Judge Barrett Has A Proven Record Of Upholding The Constitution And Rule Of Law

The National Federation of Independent Business strongly supports Amy Coney Barrett’s nomination to the Supreme Court of the United States. Given her track record as a federal judge and stated legal views, Barrett would issue rulings that give small businesses the freedom they need to thrive.

Of Judge Barrett’s nomination, NFIB CEO Brad Close said: “Small businesses depend on the U.S. Supreme Court to uphold the U.S. Constitution and protect their rights as small business owners. Judge Barrett has a proven record of interpreting the law as written, which provides needed certainty in the law for America’s small business owners. We support the nomination of Judge Barrett and look forward to the Senate Judiciary Committee hearings.”

The Supreme Court is a big deal for small business. It routinely issues rulings that profoundly affect small businesses’ ability to succeed. This is especially true when it comes to federal over-regulation, an issue that the Supreme Court often takes up. America’s small businesses need to be able to make business decisions with certainty that laws will be interpreted as written.

Given this reality, NFIB has long supported judicial nominees who interpret the Constitution and federal laws according to their original meaning – a legal philosophy Judge Barrett advocates and practices. This is essential to protecting the rule of law and the rights of small business owners.

During this nomination process, the NFIB Small Business Legal Center will continue to serve as the voice of small business, as it has for nearly 2 decades. Learn more about the Legal Center and its work on behalf of Main Street.

In addition to supporting Judge Barrett’s nomination, NFIB is heavily involved in federal court cases. NFIB famously led the charge against ObamaCare at the Supreme Court in 2013. In the 2019-20 court term, the Legal Center submitted arguments in three important cases – two of which were decided in favor of small business.

NFIB is currently active in more than 40 cases across the country, including several at the U.S. Supreme Court. These include:

  • CIC Services LLC, v. IRS. In July, the NFIB Small Business Legal Center filed an amicus brief arguing that taxpayers should be able to challenge illegal Internal Revenue Service regulations before paying tax penalties. Read more about our position on this case.
  • U.S. Fish and Wildlife Service v. Sierra Club. In August, the Legal Center filed an amicus brief arguing that as agencies develop new rules the public’s interest in disclosure outweighs any governmental secrecy interest. Government regulations and red tape are consistently cited as one of the top problems small business owners face. Read more about NFIB’s involvement in the case.

Whether it’s Judge Barrett’s nomination to the Supreme Court or an upcoming Supreme Court case, NFIB will continue to advocate for the rights and needs of America’s small businesses.

Small business owners are encouraged to share their views about the Supreme Court, stories about federal overreach, and other legal concerns at NFIB.com

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