The Federal Government has filed an application with the U.S. Supreme Court to lift the stay of the nationwide preliminary injunction that the federal district court for the eastern district of Texas issued last month while the matter is pending on the merits in the courts. In its brief (150 pages), the government asserts that the BOI reporting requirements impose only a minimal burden on businesses and that the injunction is overbroad.
The Federal Government’s request goes to Justice Alito, who is responsible for emergency appeals from the 5th Circuit. He can act on the request on his own or he can direct the Federal Government to file a response. He also could simply refer the request to the full court.
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Stay tuned. If you have attended my seminars or have followed my commentary on the BOI rules, you know that I have been saying all along that this would end up at the Supreme Court.
Maybe the incoming Congress will deal with the issue - once there is a new Congress that can do business. Will Chuck Grassley be President come January 20??? At least for a bit.
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