NFIB has submitted an amicus brief in the case Ohio Telecom Association, et al. v. Federal Communications Commission, et al., which is currently before the U.S. Court of Appeals for the Sixth Circuit. The case addresses whether federal agencies can reinstate regulations that Congress has previously repealed under the Congressional Review Act (CRA). NFIB collaborated with the Washington Legal Foundation to file this brief, contesting the Federal Communications Commission’s (FCC) decision to reissue a consumer privacy rule similar to one Congress had already overturned.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, stated: “This is another example of agencies abusing their authority to create burdensome regulations that will impact our nation’s small businesses. Modifying the wording of a provision does not suddenly grant the FCC the authority to reissue rules that were already struck down through a legitimate exercise of Congress’ legislative power. Allowing the will of Congress to be subverted based on a technicality is a dangerous decision that will diminish the power of the CRA and ultimately threaten the separation of powers.”
The coalition brief claims that a panel majority misinterpreted the CRA by permitting the FCC to bypass congressional disapproval of its 2016 consumer privacy rule.
The NFIB Small Business Legal Center advocates for small business owners in court cases nationwide and at the U.S. Supreme Court. The organization is currently involved in over 40 legal cases at both federal and state levels.
