Topics:
October 4, 2023
The NFIB Small Business Legal Center secured victories in the 2022-23 SCOTUS term and previewed cases to watch in the upcoming term
Property Rights and Environmental Concerns Highlight Supreme Court 2022-23 Term
- The burden of unchecked and unexamined regulation crushes small businesses;
- Decisions from prior cases should not deter the Court from abandoning Chevron;
- States have led the charge in abandoning Chevron deference by demonstrating a more constitutionally appropriate path forward;
- Chevron has led to agencies acting to gain power, legislative indifference, and judicial passivity; and
- Courts already have the skills and interpretive rules to replace Chevron
- The Bureau’s funding mechanism violates the Constitution;
- A decision affirming the judgment will provide targeted and meaningful relief for those subject to the CFPB; and
- The Court can mitigate disruptions in the marketplace by crafting a narrow remedy.
- Civil asset forfeiture subjects people who drive vehicles, many of them small business owners, to roadside seizures.
- The financial burden for the public’s illegal conduct is often passed onto businesses through civil asset forfeiture.
- Civil asset forfeiture punishes business owners for the conduct of employees, even when the employee acts outside of the scope of employment.
- The Court of Appeals’ decision is erroneous and displaces settled constitutional limits on federal taxation, and
- The Mandatory Repatriation Tax is severable from the remainder of the Tax Cuts and Jobs Act.
Get to know NFIB
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
Related Articles

June 12, 2025
SCOTUS Allows IRS “Self-Help” Debt Collection
NFIB is discouraged by today’s decision at the U.S. Supreme Court in the…
Read More

June 12, 2025
VIDEO: NFIB’s Holly Wade Discusses Small Business Optimism on…
NFIB Research Center Executive Director Holly Wade joined Kristen Scholer o…
Read More

June 11, 2025
Governor Kemp Thanks NFIB For Helping Pass Much-Needed Tort Ref…
NFIB President & CEO Brad Close and Vice President Tim Goodrich were presen…
Read More

June 10, 2025
VIDEO: NFIB’s Jeff Brabant Discusses Small Business Wins in …
NFIB Vice President of Federal Government Relations Jeff Brabant joined C-S…
Read More