The NFIB Small Business Legal Center secured several Supreme Court victories for small business in 2013-2014
The U.S. Supreme Court term ended in June on a high note for the NFIB Small Business Legal Center and small businesses throughout the country. Thanks to our generous supporters, the NFIB Small Business Legal Center participated in seven of the court’s most critical cases and scored five important victories for small business.
Court Slaps Down President Obama’s Overreach
In a huge win for small business, the court issued its long-awaited opinion in NLRB v. Noel Canning. It upheld the U.S. Court of Appeals for the District of Columbia’s finding that the president’s three “recess appointments” to the National Labor Relations Board were invalid because the Senate was not in recess. The Senate was still holding pro forma sessions. This is probably the most important constitutional case since NFIB v. Sebelius, and NFIB was once again on the front lines. Our brief helped secure this victory for the small business community.
Small Business Spared from EPA Regulations
The Court put the brakes on the president’s overreach by ruling in Utility Air Regulatory Group v. EPA that the U.S. Environmental Protection Agency exceeded its authority when it issued rules to regulate greenhouse gases. From the beginning, NFIB, a plaintiff in the case, argued that the EPA had unconstitutionally manipulated the Clean Air Act. The liabilities for small businesses would have been huge: $37,500 per day for non-compliance.
A Significant Blow to Unions
In Harris v. Quinn, NFIB filed an amicus brief arguing that government cannot force home care providers to affiliate with a union or to subsidize union activities. We argued that such a ploy would violate the workers’ rights to free expression and association. Justice Samuel Alito, speaking for five members of the Supreme Court, said Illinois could not dub home healthcare providers “public employees” just for purposes of unionizing them. The decision has a tremendous effect throughout the country because this union-organizing tactic has been proposed or enacted in 37 states.
Big Victory for Property Rights
The NFIB Small Business Legal Center continues to aggressively fight unconstitutional land grabs by overzealous governments. In a victory for small business owners, the Supreme Court ruled in Brandt v. U.S. that the federal government cannot circumvent constitutional protections for private property rights by redefining previously recognized property rights.
Looking Ahead
The Small Business Legal Center is gearing up for several important cases in the next term. Read our 2014 Supreme Court Preview now.
