What’s at Stake for Small Businesses in SCOTUS Confirmation

Date: September 14, 2018

As a vote on President Trump’s latest Supreme Court nominee Judge Brett Kavanaugh looms, small business owners have a huge stake in the outcome, prompting NFIB to take a leading role in his confirmation process.

As the lead plaintiff in NFIB v. Sebelius, NFIB understands the importance that one justice can have on the ability of small business to succeed or fail. On issues ranging from regulations to healthcare to the power of federal agencies, Supreme Court justices have the ability to make decisions that can harm or protect small business owners. That’s why NFIB opposed the nomination of Judge Merrick Garland and supported the nomination of Judge Neil Gorsuch. NFIB has found Judge Brett Kavanaugh to have a solid record.

Prior to Kavanaugh’s selection, NFIB submitted to the White House a list of preferred nominees, which Kavanaugh topped.

Every small business owner has a stake in the next Supreme Court Justice, and we support the nomination of Judge Kavanaugh,” said Juanita Duggan, President and CEO of NFIB.

On Aug. 30, NFIB’s Small Business Legal Center Director Karen Harned appeared on PBS Newshour, making the small business case for Kavanaugh.

Kavanaugh’s confirmation would result in a Court that will hold Congress accountable, Harned said.

“Congress is there to make the laws,” Harned said when asked about Judge Kavanaugh’s record on small business issues and cases. “They’re the ones accountable to all of us. And [Kavanaugh] has been very, very clear in his work that, if there is a problem with a statute, if it doesn’t go far enough to do a protection, that’s on Congress. That’s not on the agency to gap-fill. And we think that gives the certainty that small business owners I represent can rely on, because it’s hard enough for them to know what the laws are on the books, to have to worry.”

The confirmation hearings for Kavanaugh revealed that he will follow the law and Constitution as written—an encouraging sign for NFIB members and small business.

“Judge Kavanaugh has a proven record of interpreting the U.S. Constitution according to its original meaning and has ruled consistently against regulatory agencies whose interpretation of the law exceeds its statutory authority,” Duggan said. “Such a record helps to provide certainty for small business owners who ranked ‘Unreasonable Government Regulations’ as their second most serious problem in NFIB’s most recent Small Business Problems and Priorities report.”


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