
In blog posted earlier this month titled, Navigating the Appeal of the Corporate Transparency Act, I reported the government filed an application before the Supreme Court of the United States on December 31, 2025 to enjoin the order of the Fifth Circuit merits panel preventing the Corporate Transparency Act (CTA) from going into effect.
On January 23, 2025, the Supreme Court granted the application in a two-page order. Consequently, the nationwide injunction against the enforcement of the CTA has been lifted, Ordinarily, this would trigger the obligation that non-exempt businesses file beneficial ownership information reports with FinCEN.
The Supreme Court’s order did not explain Gorsuch concurred in the decision and also invited the Court to examine whether a District Court had the authority to issue a nationwide injunction of legislation. Justice Jackson issued a dissenting opinion, stating
I see no need for this Court to step in now for at least two reasons. First, the Fifth Circuit has expedited its consideration of the Government’s appeal. Second, 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.
FinCEN has updated its website to advise the public that is is NOT requiring the filing of the beneficial ownership information reports, notwithstanding that the nationwide injunction has been lifted.

President Trump has pledged to deliver a more business-friendly second term and to reduce government regulations across the board. Given Trump’s liberal use of executive orders in the first week of his administration, it would not be surprising if he attempted to excuse entities subject to the beneficial ownership information reports from liability for their failure to comply. Whether such an order would exceed his executive authority and encroach on the legislative function would be resolved in a federal court.
In the interim, Republican members of Congress in both houses have introduced legislation to repeal the CTA to protect the privacy of small-business owners. The Senate version of the bill is called the Repealing Big Brother Overreach Act.