Amicus Briefs
Garland v. Texas Top Cop Shop, et al.
CASE SUMMARY
NCLA urges the U.S. Supreme Court to reject the government’s request to stay a preliminary injunction against enforcement of the Corporate Transparency Act. The government cannot be allowed to maintain this unconstitutional statute, which stretches beyond Congress’s and the Administrative State’s authority to regulate Americans.
The CTA mandates that organizations that have filed for incorporation under state law submit detailed reports which include sensitive information to the Department of the Treasury. Americans would be civilly or criminally punished if they fail to comply, whether by omitting information or even accidentally submitting false information. These invasive requirements would apply to over 30 million nonprofit and for-profit organizations nationwide, and they apply prior to any commercial transactions or other type of economic activity.
The government claims the Constitution’s Commerce Clause authorizes the CTA. But Commerce Clause regulations must target economic activity, which the CTA does not regulate. The only thing that triggers disclosure under the CTA is coming into existence by filing incorporation paperwork with a state government, which is not economic activity because it does not involve producing, consuming, or exchanging any good or service. The government argues that most organizations that incorporate will engage in future economic activity. But the Supreme Court held in the Obamacare case (NFIB v. Sebelius) that the government cannot justify regulation under the Commerce Clause based on anticipated future economic activity.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
Amicus Curiae Brief of the New Civil Liberties Alliance in Opposition to Application for a Stay
January 13, 2025 | Read More
Order of the U.S. Court of Appeals for the Fifth Circuit
December 26, 2024 | Read More
Brief Amicus Curiae of the New Civil Liberties Alliance Supporting Plaintiffs-Appellees' Emergency Petition for Review en Banc and Emergency Motion to Expedite Ruling
December 26, 2024 | Read More
Brief Amicus Curiae of the New Civil Liberties Alliance Opposing Emergency Motion for Stay Pending Appeal
December 18, 2024 | Read More