Small Businesses Applaud Supreme Court For Shielding Main Street From Harmful Regulations During 2021-2022 Term

July 6, 2022

Small Businesses Applaud Supreme Court For Shielding Main Street From Harmful Regulations During 2021-2022 Term

WASHINGTON, D.C. (July 6, 2022) – The U.S. Supreme Court decided several cases this term that will have an immediate positive effect on small businesses throughout the country. NFIB represented the small business community in five cases. NFIB was the lead plaintiff in the vaccine mandate case, NFIB v. OSHA, and filed amicus briefs in four other cases. “From the vaccine mandate to arbitration cases, small businesses had a successful term at the Supreme Court,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “The courts are fundamentally the last line of defense for small businesses regarding government overreach, burdensome regulations, and costly mandates. The cases decided this term will benefit small businesses across various industries.” 2021-2022 Case Wrap-Up: NFIB v. OSHA In January, the Supreme Court issued a historic opinion in the unprecedented vaccine mandate case where NFIB was the lead plaintiff. For the first time in more than 50 years, the Supreme Court heard arguments on an emergency application for relief and issued a stay of the mandate. A few weeks later, OSHA withdrew its vaccine mandate emergency temporary standard for businesses. NFIB’s press release is available here. Boechler P.C. v. IRS The U.S. Supreme Court reversed the Eighth Circuit’s decision upholding the Tax Court’s refusal to hear a taxpayer’s challenge to an IRS assessment. The Court held that a 30-day deadline to file a petition in the Tax Court for review of an IRS collection assessment is not a jurisdictional bar, which will save small business owners from costly and unreasonable fines. NFIB’s press release is available here. Viking River Cruises v. Angie Moriana This case concerned the Federal Arbitration Act (FAA) protection of individualized arbitration. The U.S. Supreme Court affirmed that the FAA’s pro-arbitration mandate should apply to individual California Private Attorneys General Act (PAGA) claims, which will go a long way in protecting small businesses from an onslaught of PAGA litigation, including frivolous lawsuits brought under PAGA and similar state laws. NFIB’s press release is available here. Cummings v. Premier Rehab Keller The Court decided whether damages for emotional distress are available for violations of Title VI of the Civil Rights Act of 1964 and other statutes incorporating its remedies. The justices held that these statutes do not permit recovery of emotional distress damages for victims of discrimination. This outcome correctly limited small business liability. NFIB’s press release is available here. West Virginia v. Environmental Protection Agency In one of the last opinions of this term, the Supreme Court held that Section 111 of the Clean Air Act did not give EPA authority to transform the nation’s electricity grid and that such a decision must come from Congress or an agency acting upon a “clear delegation” from Congress. Small businesses repeatedly report energy costs as a significant problem and agree that EPA needs authority from Congress before imposing costly and significant regulations on the energy sector. NFIB’s press release is available here. 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.

Topics:

Legal

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More

March 16, 2026

NFIB Launches Campaign to Protect Missouri Small Businesses from Predatory Trial Attorneys

Statewide Radio Ads Begin Today Urging the Legislature to Stop Abusive Lawsuits that Target Missouri Small Businesses’ Websites

March 16, 2026

NFIB California Main Street Minute, March 16-20

One state senator’s love of litigation

March 12, 2026

Small Businesses Commend House Passage of Reasonable Standard for Premises Liability

NFIB encourages Michigan Senate to pass HB 4582.

March 11, 2026

Small Business Owners Predict the Unemployment Rate

Small businesses account for a lion’s share of net new jobs. Labor-intensive and dominating the service sector, they provide opportunities to enter the labor f…

Small Businesses Applaud Supreme Court For Shielding Main Street From Harmful Regulations During 2021-2022 Term

Related Articles