Supreme Court of the United States · Official docket →
National Small Business United, dba National Small Business Association, et al. v. Scott Bessent, Secretary of the Treasury, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-10736 · judgment December 16, 2025
(petition-stage, structural)
Roughly the 4.1% base rate. The model weights this up for counsel who has won certiorari before and an Eleventh Circuit decision below.
Questions presented
In 2021, Congress intruded into an area that the Framers reserved for the states when it enacted the Corporate Transparency Act (CTA). On pain of severe penalties, the CTA requires state-chartered corporations to disclose sensitive data about their “beneficial owners” to federal authorities. The CTA does not require companies to engage in any economic activity before they must comply; mere existence under state law triggers the federal mandate. And although the statute authorizes federal authorities to use the collected information to further a generalized interest in law enforcement, it does not require individualized suspicion or a warrant. The district court recognized that the CTA exceeded Congress’ authority, but the Eleventh Circuit reversed. Invoking Wickard v. Filburn, 317 U.S. 111 (1942), the court of appeals held that, under the Commerce Clause, the mere potential to engage in commerce empowered Congress to regulate companies chartered under state law. It also found the CTA’s suspicionless and warrantless searches reasonable under the Fourth Amendment based on precedent approving federal efforts to require banks engaged in commerce to report transactional information. The questions presented are:
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Whether the CTA’s regulation of corporations merely because they exist under state law exceeds Congress’ Commerce Clause authority.
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Whether the CTA’s suspicionless and warrantless searches to further a generalized interest in expedient law enforcement violate the Fourth Amendment.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 21 2026Brief of Federal Respondents in opposition filed.
- Jul 08 2026Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2026.
- Jul 07 2026Motion to extend the time to file a response from July 22, 2026 to August 21, 2026, submitted to The Clerk.
- Jun 12 2026Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2026.
- Jun 11 2026Motion to extend the time to file a response from June 22, 2026 to July 22, 2026, submitted to The Clerk.
- May 21 2026Brief amici curiae of Advancing American Freedom, et al. filed.
- May 21 2026Brief amici curiae of West Virginia, et al. filed.
- May 21 2026Brief amici curiae of Small Business Association of Michigan, et al. filed.
- May 21 2026Brief amici curiae of America's Future, et al. filed.
- May 18 2026Motion to extend the time to file a response is granted and the time is extended to and including June 22, 2026.
- May 18 2026Motion for leave to file amicus brief filed by Community Associations Institute.
- May 14 2026Motion to extend the time to file a response from May 21, 2026 to June 22, 2026, submitted to The Clerk.
- Apr 15 2026Petition for a writ of certiorari filed. (Response due May 21, 2026)
- Mar 04 2026Application (25A968) granted by Justice Thomas extending the time to file until April 15, 2026.
- Feb 27 2026Application (25A968) to extend the time to file a petition for a writ of certiorari from March 16, 2026 to May 15, 2026, submitted to Justice Thomas.