MSCI, Trade Associations Urge U.S. Government To Support Judicial Review Of Corporate Transparency Act
On May 14, the Metals Service Center Institute (MSCI) and more than 90 other trade associations sent a letter asking the federal government to support a U.S. Supreme Court review of the Corporate Transparency Act (CTA). Specifically, the letter calls on the U.S. Department of the Treasury and the U.S. Department of Justice to back the two pending cert petitions currently before the Supreme Court — National Small Business United v. Bessent and Texas Top Cop Shop, Inc. v. Blanche — so that the fundamental constitutional questions raised by the CTA can be resolved.
As Connecting the Dots has noted before, and as this recent letter (available here) explains, the CTA imposes an unprecedented reporting regime on tens of millions of businesses and other legal entities, raising important constitutional, privacy, and federalism questions. As readers will recall, in March 2025, the Treasury Department issued an interim final rule that exempted domestic entities and U.S. persons from the CTA’s reporting requirements, providing welcome and meaningful relief to millions of businesses.
The underlying CTA statute remains intact, however, and therefore so do the constitutional questions it raises. That ambiguity means a future White House could reverse course and reimpose the CTA reporting requirements, reimposing crushing burdens on millions of small businesses.
A Supreme Court decision against the CTA would end that risk permanently. Indeed, only a clear statement from the Supreme Court can put this issue to rest and prevent future administrations from reimposing the broader reporting requirements. “A clear ruling from the Court would provide meaningful relief to Treasury as well, by resolving ongoing uncertainty surrounding the future enforcement of the CTA,” the letter explains. “Continued ambiguity risks repeated cycles of litigation, shifting compliance obligations, and confusion among millions of affected entities and individuals attempting in good faith to understand their obligations under federal law.”