Buckeye Reporter

The Buckeye Institute has filed its third amicus brief in the case of Texas Top Cop Shop v. Garland, urging the U.S. Supreme Court to reject the Biden administration's enforcement of the Corporate Transparency Act. The organization describes this act as a federal surveillance program targeting small businesses.

Robert Alt, president and CEO of The Buckeye Institute, stated, "The Framers of the U.S. Constitution designed the First Amendment to protect our right to associate, free from the government’s prying eyes." He criticized the law's reporting requirements as an "invasive government mandate" that could lead to unconstitutional surveillance.

If implemented, millions of American small business owners would be required to register with the government or face criminal penalties and fines for late or inaccurate reports. The Buckeye Institute argues that these requirements are similar to those previously deemed unconstitutional in other cases such as Americans for Prosperity Found. v. Bonta and NAACP v. Alabama.

Alt expressed concerns about data security, saying, "Assurances that the government will protect the information it gathers offer little solace given the government’s track record of leaks."

The Buckeye Institute initially filed an amicus brief on December 20 in opposition to enforcing this act by December 31, 2024. After a preliminary injunction was lifted by a three-judge panel on December 23, they submitted a second brief requesting a rehearing en banc by the full court of appeals. On December 26, a Fifth Circuit panel reinstated a preliminary injunction based on arguments from The Buckeye Institute's second brief.

Texas Top Cop Shop is represented by The Center for Individual Rights in this significant case.