NFIB has submitted an amicus brief to the United States Supreme Court in the case of Federal Communications Commission v. Consumers’ Research. The case focuses on the separation of powers, delegation of legislative power, and the necessity for limits on how authority is granted to non-elected entities. NFIB collaborated with Technology Channel Sales Professionals for this filing.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, commented on the issue: “Small business owners wear many hats. They, more than anyone, understand that delegating tasks is an essential part of leadership.” She further stated, “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.”
The amicus brief from NFIB presents two main arguments: firstly, that the nondelegation doctrine should safeguard the separation of powers and uphold political accountability while allowing necessary flexibility; secondly, that the FCC's delegation of power to the Universal Service Administrative Company (USAC) is unconstitutional as it subjects small businesses nationwide to regulation by an unaccountable private entity.
The NFIB Small Business Legal Center aims to protect small business owners' rights in courts across the nation. Currently, NFIB is involved in over 40 cases in federal and state courts nationwide and at the U.S. Supreme Court.
