National Small Business United v. Department of the Treasury

Docket number: 24-10736 (11th Cir.) 

The Hamilton Lincoln Law Institute (HLLI) has filed an amicus brief with the United States Court of Appeals for the Eleventh Circuit in National Small Business United v. Department of the Treasury in support of the Plaintiff-Appellees and affirmance of the district court. The brief supports a case challenging the Corporate Transparency Act (CTA), which HLLI argues violates the Fourth Amendment’s bar against unreasonable searches and seizures.

The CTA requires many businesses, including corporations and limited liability companies (LLCs), to submit personal information about their owners to a government database. This database can be accessed by law enforcement agencies without needing a warrant or any suspicion of a crime. Congress created the CTA to help fight crimes like money laundering and tax evasion. However,
HLLI believes this law goes too far and invades the privacy of business owners. The plaintiffs, National Small Business United, argued that the CTA exceeded Congress’s powers and violated several constitutional amendments, including the First, Fourth, and Fifth Amendments.

The federal district court in Alabama agreed, stating that the law overstepped Congress’s powers, especially the Commerce Clause, and blocked its enforcement but did not address the Fourth Amendment arguments.

HLLI supports the district court’s decision and argues that the CTA is an unreasonable search and seizure, similar to the invasive practices opposed by the Founding Fathers.

Case Documents