WASHINGTON, D.C. (Nov. 19, 2025) – This year, the National Federation of Independent Business (NFIB) Small Business Legal Center is celebrating its 25^th anniversary. Founded in 2000, the Legal Center is the voice for small business in the nation’s courts and the legal resource for small business owners nationwide. From participating in landmark cases to serving as a resource for small business entrepreneurs across the country, the Legal Center continues to educate and litigate on behalf of Main Street.

“Twenty-five years ago, the NFIB Legal Foundation, now called the NFIB Small Business Legal Center, was founded so that small businesses would have a voice across all three branches of the federal government,” said Brad Close, NFIB President. “Over these 25 years, the Legal Center has provided individualized support to entrepreneurs, strengthened NFIB’s advocacy efforts through legislative and regulatory analysis, and stood up for important small business issues in courts across the country and in the U.S. Supreme Court. We are proud to celebrate this anniversary and everything the Legal Center has and will accomplish as we continue to fight for Main Street businesses.”

“Behind every legal case that NFIB participates in, there is a small business owner who has been personally affected by the law, regulation, or rule we are challenging,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Our members do not have the bandwidth, or often the resources, to fight these systemic issues alone. The work we do is to raise their voices and ensure that the needs of small businesses are heard by all levels of government. It’s been a historic 25 years, and we will continue to advocate in the courts for small businesses.”

As NFIB prepares for another year of legal advocacy on behalf of Main Street businesses, it is important to reflect on the key victories and challenges that have shaped the small business landscape over the last quarter of a century.

Watch NFIB’s video highlighting the Small Business Legal Center’s 25^th anniversary here and below.

Since its inception, the Legal Center has participated in numerous impactful lawsuits, both as first-party litigants and through amicus briefs. Of the lawsuits NFIB has filed, three cases made it to the U.S. Supreme Court, including NFIB’s recent lawsuit challenging the Beneficial Ownership Information (BOI) reporting rule. These cases highlight how NFIB’s efforts significantly enhanced both the NFIB Small Business Legal Center and NFIB’s standing as the voice of small business.

You can read more about the many victories of NFIB’s Small Business Legal Center here, and can view their full case index here.

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

In 2000, within months of its launch, NFIB filed its first lawsuit. The case challenged the U.S. Army Corps of Engineers’ (Corps) decision to eliminate a streamlined nationwide permit program that many small home builders relied on to comply with the Clean Water Act (CWA). NFIB argued that the Corps 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

Less than two months after the 2010 Affordable Care Act, also known as the ACA or Obamacare, was passed, NFIB joined members Mary Brown and Dave Klemencic in filing a federal lawsuit in Florida.

NFIB’s lawsuit argued that the ACA was unconstitutional because the individual health insurance mandate exceeded Congress’s authority to regulate interstate commerce under the Commerce Clause of the Constitution. NFIB was the ONLY business group that sued the federal government over this law.

The case reached the U.S. Supreme Court where, on June 28, 2012, five justices agreed that the ACA exceeded Congress’s Commerce Clause authority. Unfortunately, in a fractured decision, the Court upheld the ACA mandate under Congress’s taxing power. The case cemented the NFIB Small Business Legal Center’s reputation as a leading legal advocate for small businesses. NFIB’s lawsuit has become a seminal constitutional law case studied in law schools and advanced high school classes throughout the country.

NFIB’s Landmark Pandemic Win: NFIB v. OSHA

In the fall of 2021, NFIB made the bold decision to challenge President Biden’s COVID-19 vaccination or test mandate for all private companies with 100 or more employees. The Occupational Safety and Health Administration (OSHA) announced its Emergency COVID-19 rule on November 5, 2021.

NFIB argued that OSHA – a federal agency charged with regulating workplace safety – did not have the authority to regulate public health. NFIB’s argument led to a nationwide stay of the mandate, which eventually took the case to the U.S. Supreme Court.

On January 13, 2022, the U.S. Supreme Court agreed with NFIB in a 6-3 decision and struck down the mandate. This was a major win for small businesses already dealing with a number of challenges during the COVID-19 pandemic.

NFIB v. OSHA is now a leading case for the major questions doctrine, as this ruling reinforces the idea that Congress, as the legislative body, is the proper authority to enact laws addressing major policy issues, rather than administrative agencies interpreting existing statutes in ways not explicitly intended by Congress. The case also highlights the ongoing debate about the appropriate balance of power between Congress and administrative agencies in the U.S. government.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.