• NFIB’s First Lawsuit: NFIB v. U.S. Army Corps of Engineers 

NFIB’s first lawsuit was filed just months after the Legal Center’s inception. NFIB argued that the U.S. Army Corps of Engineers had violated the Regulatory Flexibility Act (RFA) to the detriment of small business owners. NFIB member Wayne Newnam of Troy, Ohio joined as a plaintiff in the lawsuit.   

• NFIB’s Historic Obamacare Challenge: NFIB v. Sebelius  

Following the 2010 Affordable Care Act, also known as ACA or Obamacare, NFIB joined with member Dave Klemencic in a federal lawsuit that reached the Supreme Court. The Court eventually upheld the ACA mandate under Congress’s taxing power.  

NFIB was the only business group that sued the federal government over this law. The case cemented NFIB’s position as the premier legal advocate for small businesses and is widely studied in law schools and advanced classes across the country.

• NFIB’s Landmark Pandemic Win: NFIB v. OSHA  

Following the Occupational Safety and Health Administration’s (OSHA) November 5, 2021 emergency COVID-19 rule that mandated employees be vaccinated or provide weekly tests with masks for private companies with 100 or more employees, NFIB challenged the rule, claiming a federal agency that oversees workplace safety did not have the authority to regulate public health.  

NFIB’s case reached the Supreme Court, where NFIB won a 6-3 decision striking down the mandate. This win halted significant agency overreach for businesses already navigating a global pandemic, while keeping the balance of power in check between Congress and administrative agencies.