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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.
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