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Buckeye Institute challenges Corporate Transparency Act's constitutionality

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Saturday, December 21, 2024

Buckeye Institute challenges Corporate Transparency Act's constitutionality

Opinion
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Robert Alt President and Chief Executive Officer | The Buckeye Institute, OH

The Buckeye Institute has submitted an amicus brief in the case of Texas Top Cop Shop v. Garland, opposing the Corporate Transparency Act. The organization argues that this act represents federal overreach into small businesses. The brief was filed electronically due to economic considerations.

Robert Alt, president and CEO of The Buckeye Institute, stated, “As most of us look forward to spending time with friends and families over the holidays, the Biden administration has shouted bah humbug and asked the courts to allow it to enforce a law enabling the unconstitutional federal surveillance of small businesses.”

The Corporate Transparency Act mandates around 32 million small businesses to provide personal details about their beneficial owners by December 31, 2024. Non-compliance could lead to criminal charges and daily fines of $500 for late or incorrect submissions.

A preliminary injunction against this act was issued by a U.S. District Court on December 3, labeling it as "likely unconstitutional." However, on December 13, the government appealed this decision to reinstate the deadline and associated penalties.

Alt emphasized that if successful in lifting the injunction, “approximately 32 million hardworking small business owners will have only a few days—over the holidays, no less—to register with the government or else be subjected to potential federal prosecution and fines.”

The Center for Individual Rights is representing Texas Top Cop Shop in this case. The Buckeye Institute hopes its brief aids CIR's efforts in contesting what they see as an important legal battle.

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