Advancing American Freedom is disappointed in the 11th Circuit’s decision in National Small Business United v. Department of Treasury. The court held that the Corporate Transparency Act (CTA), a law that requires millions of corporations to report and update information about their ownership to the federal government, is within Congress’s power to regulate interstate commerce.
For decades, with the approval of the Supreme Court, Congress has far exceeded the power granted to it by the Commerce Clause. As the 11th Circuit noted in this case, “[a]part from its scope, the CTA is a routine federal law.”
As we argued in our amicus brief before the court, this case is both about the federal government’s increasing desire to build Big Brother lists of Americans’ personal data and Congress’s ever-expanding assertion of power. If appealed, this case would present an opportunity for the Supreme Court to rein in government overreach in a meaningful way and for these critical arguments to be raised again.