NFIB Responds to Supreme Court Decision on FCC and USAC Authority

Overview of the Supreme Court Ruling

WASHINGTON, D.C. (June 27, 2025) – The National Federation of Independent Business (NFIB) expressed discouragement following the U.S. Supreme Court’s decision in Federal Communications Commission v. Consumers’ Research. The Court upheld the constitutionality of the Federal Communications Commission’s (FCC) authorization for the Universal Service Administrative Company (USAC) to act on behalf of the executive branch.

NFIB’s Position and Legal Advocacy

NFIB filed an amicus brief alongside the Technology Channel Sales Professionals, advocating for:

1. Limitations on delegations of legislative power
2. Protection of the separation of powers
3. Improved accountability in government actions

Emphasis on Separation of Powers and Accountability

Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, highlighted the critical importance of separation of powers, stating:

“This case illustrates the importance of separation of powers and the danger of excessive conferrals of legislative authority. Providing more precise standards to guide the delegation of legislative power would strengthen the democratic process and ensure that governing authorities remain accountable to the American public. Without more meaningful limitations, federal agencies will continue to abuse their discretion, at the expense of our nation’s small businesses.”

Key Legal Issues Addressed

• Separation of powers between branches of government
• Delegation of legislative power to federal agencies
• Delegation of governmental power to private entities

NFIB’s Advocacy for Sustainable Development Goals (SDGs)

NFIB’s stance aligns with several Sustainable Development Goals, including:

• SDG 8: Decent Work and Economic Growth – By advocating for accountable governance, NFIB supports a fair regulatory environment that fosters small business growth and job creation.
• SDG 16: Peace, Justice, and Strong Institutions – The emphasis on separation of powers and political accountability promotes transparent and effective institutions.
• SDG 17: Partnerships for the Goals – NFIB’s collaboration with other stakeholders exemplifies multi-sector partnerships to improve governance and legal frameworks.

NFIB Small Business Legal Center’s Role

The NFIB Small Business Legal Center actively protects the rights of small business owners by participating in over 40 cases across federal and state courts, including the U.S. Supreme Court. This legal advocacy ensures that the interests of small businesses are represented in critical judicial decisions affecting governance and regulatory policies.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 16: Peace, Justice and Strong Institutions
   • The article focuses on the importance of separation of powers, legislative authority, and accountability in governance, which aligns with SDG 16’s goal to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable institutions.
2. SDG 8: Decent Work and Economic Growth
   • The article mentions the impact of federal agency decisions on small businesses, emphasizing the need to protect their rights and ensure a fair regulatory environment, which connects to SDG 8’s aim to promote sustained, inclusive economic growth and support small enterprises.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. Under SDG 16:
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
2. Under SDG 8:
   • Target 8.3: Promote development-oriented policies that support productive activities, decent job creation, entrepreneurship, creativity and innovation, and encourage the formalization and growth of micro-, small- and medium-sized enterprises.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Indicators Related to SDG 16 Targets:
   • Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services (implied through emphasis on accountability and effective governance).
   • Indicator 16.7.1: Proportions of positions in national and local institutions, including the judiciary, held by women, youth, and marginalized groups (implied through the call for inclusive and representative decision-making).
   • Indicator 16.10.2: Number of countries that adopt and implement constitutional, statutory and/or policy guarantees for public access to information (implied through discussion of transparency and access to information).
2. Indicators Related to SDG 8 Target:
   • Indicator 8.3.1: Proportion of informal employment in non-agriculture employment, by sex (implied through focus on small businesses and formalization).
   • Indicator 8.3.2: Proportion of small-scale industries in total industry value added (implied through emphasis on protecting small business interests).

4. Table of SDGs, Targets and Indicators

Source: nfib.com