Supreme Court lifts injunction on enforcement of controversial money laundering law

By 
 January 24, 2025

Last year saw an Alabama federal judge block a controversial piece of legislation that many business owners say is needlessly burdensome.

However, the Supreme Court cleared the way for its enforcement this week by lifting that injunction. 

Former solicitor general: Injunction "impedes efforts to prevent financial crime"

At issue is the Corporate Transparency Act (CTA), an anti-money laundering law which was passed in 2021 and places new reporting requirements on companies.

This includes forcing small business owners to provide the Financial Crimes Enforcement Network with birth dates, addresses, and other information.

The Hill reported that former Solicitor General Elizabeth Prelogar asked America's highest judicial body to lift the injunction as it is preventing "the government from executing a duly enacted Act of Congress."

What's more, Prelogar also maintained that the injunction "impedes efforts to prevent financial crime and protect national security, undermines the United States’ ability to press other countries to improve their own anti-money laundering regimes, and severely disrupts the ongoing implementation of the Act."

Ketanji Brown Jackson voices dissent

The Supreme Court granted her request on Thursday despite a public dissent from Ketanji Brown Jackson, who felt that the government failed to demonstrate "sufficient exigency."

"The Government deferred implementation on its own accord—setting an enforcement date of nearly four years after Congress enacted the law—despite the fact that the harms it now says warrant our involvement were likely to occur during that period," The Hill quoted Jackson as writing.

"The Government has provided no indication that injury of a more serious or significant nature would result if the Act’s implementation is further delayed while the litigation proceeds in the lower courts," she continued.

Jackson went on to say that she "would therefore deny the application and permit the appellate process to run its course."

Republican senators introduce bill to repeal the CTA

The CTA has come under fierce criticism from conservatives, including Idaho Republican Sen. Jim Risch and Alabama Republican Sen. Tommy Tuberville.

They introduced the "Repealing Big Brother Overreach Act," a bill which would negate the CTA's reporting requirements.

"Idaho's favorite mom-and-pop shops are vital to our economy, but they cannot succeed when burdensome federal regulations require them to divulge private information," Risch said in a statement released earlier this month.

"The Repealing the Big Brother Overreach Act rescinds the overbearing Corporate Transparency Act and cuts back the federal government’s interference in small business operations," he asserted.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson