WASHINGTON, D.C. (June 27, 2025) – NFIB is discouraged by the decision today in the case Federal Communications Commission v. Consumers’ Research at the U.S. Supreme Court. The Court ruled that the Federal Communications Commission’s (FCC) authorization of the Universal Service Administrative Company (USAC) to act on behalf of the executive branch is constitutional. NFIB filed an amicus brief in the case with the Technology Channel Sales Professionals arguing for limitations on delegations of legislative power that protect the separation of powers and improve accountability.

“This case illustrates the importance of separation of powers and the danger of excessive conferrals of legislative authority,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Providing more precise standards to guide the delegation of legislative power would strengthen the democratic process and ensure that governing authorities remain accountable to the American public. Without more meaningful limitations, federal agencies will continue to abuse their discretion, at the expense of our nation’s small businesses.”

The case concerned the separation of powers, the delegation of legislative power, and ability to delegate governmental power to private entities. NFIB’s brief argued that the nondelegation doctrine should protect the separation of powers and support political accountability without eliminating needed flexibility or ignoring practical realities.

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.