WASHINGTON, D.C. (Feb. 18, 2025) – NFIB filed an amicus brief in the case Federal Communications Commission v. Consumers’ Research at the United States Supreme Court. The case concerns the separation of powers, the delegation of legislative power, and the need for limitations on how authority is granted to non-elected entities. NFIB filed the brief with the Technology Channel Sales Professionals.

“Small business owners wear many hats. They, more than anyone, understand that delegating tasks is an essential part of leadership,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “However, the FCC’s unconstrained delegation of legislative power to an unaccountable private entity is not only unconstitutional, it threatens the separation of powers upon which our government was built. Small businesses should not be subjected to regulation from a non-elected, unaccountable private entity.”

NFIB’s amicus brief argues two main points: 1) Nondelegation doctrine, the constitutional principle that prevents the exchange of power between branches of government, should protect the separation of powers and support political accountability without eliminating needed flexibility or ignoring practical realities, and 2) The FCC’s delegation of power to the Universal Service Administrative Company (USAC) is unconstitutional and subjects small businesses nationwide to regulation by an unaccountable private entity.

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.