Small Business Mobilizes for Supreme Court Battle

Date: March 16, 2016 Last Edit: March 17, 2016

Jack Mozloom, 202-406-4450 or 609-462-5610

With big decisions on major regulations looming over the economy, Small
Business has a big stake in the next Supreme Court Justice

DC (March 16, 2016)
– For the first time in its 73-year history
the National Federation of Independent
Business (NFIB)
will thoroughly analyze the record of the next Supreme
Court nominee and be prepared to oppose or support confirmation based on his or
her record, said the group’s new President and CEO today.

Juanita Duggan, who this month took the reins
of the organization, said the next Justice will very likely determine the
outcome of several cases in which NFIB is a plaintiff and which could radically
expand the federal government’s control over the economy.  

“The Court has already given the federal
government control over 16 percent of the economy in its decision on the health
care law,” said Duggan.  “There are many
more cases working their way up to the Court that have the potential to be just
as damaging.  

“The stakes are far too high for small
businesses to watch this process from the sidelines,” she continued.

NFIB is a plaintiff in cases against two of the
Administration’s top priorities: the EPA Waters of the US rule, which vastly
expands the federal government’s authority over local bodies of water; and the
Clean Power Plan, which forces states to phase out the use of coal as a source
of energy, a scheme that even the EPA predicts will drive up energy costs.  Also likely to land at the Supreme Court is
the so-called Ambush Election Rule, imposed by the National Labor Relations
Board (NLRB) as a way to give organized labor an unfair advantage over
employers in union elections. 

Duggan said that NFIB will carefully examine
President Obama’s nominee.  The
candidate’s judicial record, if one exists, will be reviewed with a focus on
decisions involving regulations and their enormous cost to small businesses.  So too will be the candidate’s public
statements on business, labor issues, property rights, or any other topic that
might indicate his or her disposition.

“This administration has pushed the boundaries
of executive power over private enterprise and increasingly the Supreme Court
is where these fights are decided,” she said. 
“We can’t sit this one out.  We’re
going to be engaged in this process and if necessary we’re going to make a

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