NEWS | NSBA, Small Business Awaits SCOTUS Decision on Cert Petition for Corporate Transparency Act, CTA
- NSBA
- Jun 4
- 2 min read
In April, NSBA filed to have SCOTUS take up its case for small business against the Corporate Transparency Act (CTA) - DOJ now has until June 22 to reply and indicate if they support moving the case forward with SCOTUS or not.
UPDATE JUNE 17, 2026 | The U.S. Department of Justice has requested, and NSBA’s legal team approved, a delay to July 22 by when they must reply to NSBA’s Cert petition with the Supreme Court to indicate if they support moving the case forward with SCOTUS or not. Meaning the soonest we would likely hear anything is now late-July.
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JUNE 04, 2026 | On April 15, 2026, NSBA filed with the Supreme Court of the U.S. (SCOTUS) a Petition for Writ of Certiorari in our ongoing lawsuit over the Corporate Transparency Act (CTA). The U.S. Department of Justice (DOJ) must reply to that petition by June 22 to indicate if they support moving the case forward with SCOTUS or not.
NSBA is hopeful that both Treasury and DOJ will acquiesce to the cert petition, essentially agreeing with NSBA that the Supreme Court should take the case.
There have been a number of organizations who have filed Amicus Briefs in support of the NSBA lawsuit, including 25 states. No Amicus Briefs have been filed in opposition to the NSBA suit.
If DOJ and Treasury do not acquiesce to the NSBA petition, SCOTUS could deny cert in the NSBA case as well as a petition in a related case against CTA filed by the Texas Top Cop Shop which was filed after NSBA’s lawsuit but has been making its way through its own legal process. That case is under the jurisdiction of the Fifth Circuit Court of Appeals, where the CTA would most likely be declared unconstitutional.
That would then set up a situation where two U.S. Circuit Court of Appeals came down with differing opinions over the same law: the Fifth siding with NSBA’s position, whereas the Eleventh Circuit Court of Appeals ruled against NSBA. That split would create a very challenging situation, whereby SCOTUS would be almost forced to address the cases.
This would likely take upwards of two years which means continuing confusion for small businesses and ongoing legal costs for NSBA.
To support NSBA’s efforts, please consider donating whatever you can here.
