Supreme Court victories increase regulatory stability for businesses

Fighting—and winning—for business in the courts is a top priority for the U.S. Chamber of Commerce, and no group does it better than our Center for Litigation. We just finished a monumental Supreme Court term that reset the rules of the game between business and government regulators, delivering important victories for the business community in the fight against government micromanagement.

We highlight four of the 14 victories our Litigation Center has helped secure for members. The federal government has always had a huge advantage in litigating against private parties, but the Court recently decided several cases that will level the playing field.

Loper Bright Enterprises v. Raimondo

IN Loper Bright Enterprises v. RaimondoThe court overturned Chevron respect and required courts to exercise “independent judgment” in determining whether an agency had acted within its statutory authority. Importantly, the Court did not question prior cases citingChevronso the cases that the companies relied on should remain in effect. This decision is an important course correction that will help create a more predictable and stable regulatory environment and prevent agencies from changing their decisions every time an administration changes.

SEC vs. Jarkesy

IN SEC vs. JarkesyThe court ruled that individuals and companies have a constitutional right to a jury trial when the SEC files a civil enforcement suit seeking monetary penalties for alleged securities fraud. The ruling gives companies the option of litigating in federal court, before an independent judge and jury, rather than in SEC court, before agency employees. Some of the agency’s other enforcement programs would also be affected.

Starbucks Corp. v. McKinney

IN Starbucks Corp. v. McKinneyThe court ruled that the National Labor Relations Board must meet rigorous standards to obtain a preliminary injunction against employers accused of unfair labor practices. The decision holds the NLRB to the same standard as private parties and prohibits courts from deferring to the Board’s opinions on law, facts, and equity. The ruling will go a long way toward protecting employers from the NLRB’s micromanagement.

Moody v NetChoice

INMoody v NetChoiceThe court ruled that the First Amendment protects social media companies from government micromanagement of their editorial decisions. The court sent the case back to lower courts for further analysis, but struck an important chord by ruling that states cannot interfere with private companies’ speech in order to promote ideological balance.

The Litigation Center continues to be a leading legal defender of the business community. This year, we have filed 12 lawsuits against 10 federal agencies and the state of California. We don’t just litigate; we win. We have secured victories against the FTC, the NLRB, the prudential regulators, the CFPB, and California—with more to come. Conventional wisdom might suggest that regulation will slow as the election approaches, but we know that regulators have a lot of unfinished business, and we continue to prepare challenges to many of these bad ideas.

About the Authors

Daryl Joseph

Daryl Joseffer is executive vice president and general counsel of the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this role, Joseffer handles a variety of litigation matters for the Chamber. He has represented 12 cases in the U.S. Supreme Court and dozens of appellate cases in other courts across the country.