Texas Top Cop Shop, et al. v. Merrick Garland, et al.
Issue
Whether the Corporate Transparency Act is unconstitutional.
December 31, 2024
The federal government filed for a stay of the injunction issued by the United States District Court pending appeal.
January 10, 2025
The Restaurant Law Center, and other business groups, urged the Supreme Court to affirm the Fifth Circuit merits panel’s order vacating a stay of the preliminary injunction entered by the District Court to preserve the constitutional status quo until the Fifth Circuit has reached the merits of the appeal. In addition, the RLC argued that staying the injunction would have irreversible negative repercussions for small businesses throughout the nation.
January 23, 2025
SCOTUS stayed the injunction granted by the United States District Court for the Eastern District of Texas, pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit. Justice Jackson dissented and stated that she saw no need for the Court to step in now, as the Fifth Circuit is already expediting consideration of the Government’s appeal and the Government deferred implementation on its own accord for nearly four years while now claiming that the harms of a further delay warrants SCOTUS emergency involvement.