Daryl Joseffer
Executive Vice President and Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Published
July 09, 2024
Fighting—and winning—for business in the courts is one of the U.S. Chamber of Commerce’s top priorities, and no group does it better than our Litigation Center. We just wrapped up a monumental Supreme Court term that reset the playing field between businesses and government regulators, with important wins for the business community in the fight against government micromanagement.
We’re highlighting four of the 14 victories our Litigation Center helped secure for members. The federal government has always enjoyed enormous advantages in litigating against private parties, but the Court recently decided several cases that will level the playing field.
Loper Bright Enterprises v. Raimondo
In Loper Bright Enterprises v. Raimondo, the Court overruled Chevron deference and required courts to exercise “independent judgment” when determining whether an agency has acted within its statutory authority. Importantly, the Court did not call into question prior cases relying on Chevron, so cases that businesses have relied upon should remain in place. This decision is an important course correction that will help create a more predictable and stable regulatory environment and prevent agencies from flip-flopping whenever the Administration changes.
SEC v. Jarkesy
In SEC v. Jarkesy, the Court ruled that people and businesses have a constitutional right to a jury trial when the SEC brings a civil enforcement action seeking monetary penalties for alleged securities fraud. This ruling grants businesses the option to proceed in federal court, before an independent judge and jury, rather than in the SEC’s court, before agency employees. Some other agency enforcement schemes will be impacted as well.
Starbucks Corp. v. McKinney
In Starbucks Corp. v. McKinney, the Court ruled that the National Labor Relations Board must meet a rigorous standard to secure a preliminary injunction against employers it alleges to have committed unfair labor practices. This decision subjects the NLRB to the same standard as private litigants and prohibits courts from deferring to the Board's view on the law, facts, and equities. The ruling will go a long way in protecting employers from NLRB micromanagement.
Moody v. NetChoice
In Moody v. NetChoice, the Court held that the First Amendment protects social media companies from government micromanagement of their editorial decisions. The Court sent this case back to lower courts for further analysis but drew an important line by holding that states may not interfere with private businesses’ speech to promote ideological balance.
The Litigation Center continues to be the preeminent legal advocate for the business community. So far this year, we have filed 12 lawsuits against 10 federal agencies and the state of California. We aren’t just litigating; we’re winning. We’ve secured victories against the FTC, the NLRB, the prudential regulators, the CFPB, and California—with more to come. Conventional wisdom might suggest that regulations will slow down as the election approaches, but we know regulators have a host of unfinished priorities, and we continue to prepare challenges to many of these bad ideas.
About the authors
Daryl Joseffer
Daryl Joseffer is executive vice president and chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this role, Joseffer handles a variety of litigation matters for the Chamber. He has argued 12 cases in the U.S. Supreme Court and dozens of appeals in other courts across the country.
