NFIB Legal Center 2023 Supreme Court Preview

Date: September 14, 2023

With the new Supreme Court term beginning on October 2, the NFIB Legal Center is gearing up for an active and momentous term for small businesses. Below are the consequential cases NFIB is involved in for this term.

CFPB v. Community Financial Services

NFIB joined an amicus brief in the case Consumer Financial Protection Bureau v. Community Financial Services Association of America. This case concerns whether the CFPB funding structure, with lack of presidential oversight, violates the Constitution.

Culley v. Marshall

  1. NFIB filed an amicus brief in the case Culley v. Steven Marshall, Attorney General of Alabama. The case concerns civil asset forfeiture and whether the due process clause requires a prompt post-seizure retention hearing. The brief emphasizes that civil asset forfeiture subjects people who drive vehicles, many of them small business owners, to roadside seizures, and that civil asset forfeiture punishes business owners for the conduct of employees, even when the employee acts outside of the scope of employment.

Bright Enterprises v. Raimondo

NFIB filed an amicus brief in the case Loper Bright Enterprises v. Gina Raimondo. The case questions whether the Court should eliminate judicial deference to federal agencies’ interpretations of statutes. Judicial deference, often referred to as Chevron deference, means that federal courts, in interpreting ambiguous statutes or regulations, must defer to administrative agencies. NFIB’s brief argues that the burden of unchecked and unexamined regulation crushes small businesses.

Acheson Hotels LLC v. Laufer

NFIB joined a coalition of business groups in filing an amicus brief in the case Acheson Hotels, LLC v. Laufer. The case concerns whether under the Americans with Disabilities Act (ADA), a plaintiff has the legal standing to challenge a business’s website accessibility with no intention of interacting with or physically visiting the business.

Moore v. United States

NFIB joined the Buckeye Institute in filing an amicus brief in the case Moore v. United States. The case concerns the limits of Congress’s authority to tax certain income.

The NFIB Legal Center anticipates that the Court will add additional business cases to its docket this term. To keep up with all NFIB’s legal work, visit or reach out to the Legal Center at [email protected].

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