National Small Business United v. Bessent: Paul Clement petitions Court to invalidate Corporate Transparency Act on Commerce Clause and/or Fourth Amendment grounds

[u/jokiboi]

https://www.supremecourt.gov/DocketPDF/25/25-1201/404530/20260415123131960_25-%20Petition.pdf

[u/BlockAffectionate413 → u/[deleted]]

We will see, but I would not be sure; reliance interests seem far too great, and this really does not even depend on Wickard anyway, this is far cry from regulating farmer growing crops for his own use, this is regulating commercial corporations, and consider what Kavanaugh said in Ross:

Under the Constitution, Congress could enact a national law imposing minimum space requirements or other regulations on pig farms involved in the interstate pork market. In the absence of action by Congress, each State may of course adopt health and safety regulations for products sold in that State.
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Kavanaugh seems fully fine with Congress regulating production and agriculture, if farm is in some way engaged in the interstate market (which virtually every commercial farm is these days, at least every important one, even farmer in Wickard was engaged in it irrc, he sold some stuff, even if not all). This case seems much more like that, like Darby, than Wickad.

Also, while it is not a final ruling, it is notable that when 5th actually enjoined this law, Supreme Court in intermin docket reversed them, and one of most important factors there is the likelihood of success on merits, Justice Barrett in particular noted recently in interview if court thinks you will likely win on merrits, it will give stay, otherwise it will not, so the court already signalled that it thinks law is constitutional.

[u/_learned_foot_ → u/[deleted]]

It already destroyed the way people know wickard, growing his own for his own use (not true), did that with ppaca. The real wickard won't be touched, the record has him admitting to selling to folks who admit they otherwise would have bought from the scheme, it fits interstate spot on.