Texas Top Cop Shop, et al. v. Merrick Garland, et al.

Issue

Whether the Corporate Transparency Act is unconstitutional.

December 18, 2024

On December 18, 2024, the Restaurant Law Center, together with the National Retail Federation and the National Association of Convenience Stores, filed a brief in opposition to the federal government’s request for a stay of the preliminary injunction granted by the District Court. Amici explained that granting the stay would result in consequences to amici’s members that cannot be reversed as our members would face a compliance deadline of less than two weeks. Given that imminent deadline, which businesses across the nation no longer think applies to them, the practical implications of the government’s demand to stay the injunction would be severe.

December 23, 2024

On December 23, 2024, a panel of the Fifth Circuit granted the governments request for a stay of the injunction holding that the public’s urgent interest in combatting financial crime and protecting our country’s national security favored such a ruling.

December 26, 2024

On December 26, 2024, a different panel of the Fifth Circuit reviewing an appeal on the merits, not just the injunction, vacated the stay “in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments.” The federal government appealed this decision to the US Supreme Court.