What it means: The Supreme Court rulings for the 2023-24 term prevent the damaging effects of excessive regulatory interference and harmful penalties that will protect the rights of current and future small businesses.

Our take: “The Supreme Court considered several high stakes issues this term, especially for the small business community. Eliminating Chevron deference is a major step in limiting government overreach and providing small business owners with a level playing field to defend their rights,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center.

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Loper Bright Enterprises v. Gina Raimondo

In a 6-3 decision, the Court eliminated Chevron deference, which called for judges to defer to federal agency interpretations of federal laws deemed to be ambiguous. This decision will help small businesses by easing regulatory burdens and holding agencies accountable

Securities and Exchange Commission (SEC) v. Jarkesy

In a 6-3 decision, the Court held that when the SEC seeks civil penalties against a defendant for securities fraud or any action with a common law equivalent, the Seventh Amendment entitles the defendant to a jury trial. This decision helps small businesses not be unconstitutionally penalized.

Sheetz v. County of El Dorado, California

In a unanimous 9-0 decision, the Court ruled the Takings Clause does not distinguish between legislative and administrative permit conditions. This decision helps small businesses protect their constitutional rights, regardless of the governing body that is regulating.

Corner Post, Inc. v. Board of Governors of the Federal Reserve System

In a 6-3 decision, the Court held that an Administrative Procedure Act (APA) claim does not accrue for purposes of the default 6-year statute of limitations until the plaintiff is injured by final agency action. This decision helps expand the timeframe for individuals and entities to sue federal agencies, as it clarifies when a claim accrues under the APA.

Starbucks Corporation v. M. Kathleen McKinney

In an 8-1 decision, the Court vacated the judgment of the Sixth Circuit, which approved a watered-down injunction standard for when the National Labor Relations Board (NLRB) seeks to prevent business activity. This decision helps small businesses keep the NLRB in check and avoid any harm to small business through regulations.