The National Federation of Independent Business (NFIB) expressed disappointment following the U.S. Supreme Court's decision in the case of Federal Communications Commission v. Consumers’ Research. The ruling upheld the constitutionality of the Federal Communications Commission’s (FCC) authorization for the Universal Service Administrative Company (USAC) to operate on behalf of the executive branch.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, commented on the implications of this decision: “This case illustrates the importance of separation of powers and the danger of excessive conferrals of legislative authority.” She emphasized that more precise standards are needed to guide legislative power delegation, which would enhance democratic processes and ensure accountability to the American public. According to Milito, without such limitations, federal agencies might misuse their discretion, adversely affecting small businesses nationwide.
The case revolved around issues concerning separation of powers, delegation of legislative power, and delegating governmental power to private entities. NFIB had submitted an amicus brief alongside Technology Channel Sales Professionals advocating for restrictions on legislative power delegations to uphold separation of powers and political accountability while maintaining necessary flexibility.
The NFIB Small Business Legal Center continues its efforts to defend small business owners' rights in courts across the United States. Currently, NFIB is involved in over 40 cases at both federal and state levels as well as in the U.S. Supreme Court.
