It's been a couple weeks since I've irritated myself with CTA/BOI thoughts so, in an act of self-torture, I decided to google "CTA BOI Supreme Court." Oops. The amount of mis-information/bad information is alarming (normal).
Here's an update:
1. There is a standing injunction, meaning no need to file BOIs now. Doing so is purely voluntary. The government has appealed the injunction.
2. The appellate court (5th Circuit) has set oral arguments on the government's motion to overturn the injunction for March 25th (Other courts have issued mixed rulings on the exact same issue, but for now we need to watch the 5th Circuit matter).
3. The government has also asked the Supreme Court to intervene (yes, the same issue is before both the 5th Circuit and SCOTUS.....don't ask how).
4. The government, the plaintiff and several other interested parties have filed briefs with the Supreme Court. SCOTUS could:
A. Overturn the injunction, in which case we are back to filing BOIs.
B. Keep the injunction in place, meaning the case stays with the 5th Circuit.
C. Do nothing....literally nothing; meaning the case stays with the 5th Circuit.
D. Hold that the CTA is unconstitutional, in which case BOI filings are done, over, no more.
E. Hold that the CTA is constitutional, in which case the lower court cases are over and the CTA is the law of the land (meaning, we are back to filing BOIs).
I'm not a constitutional expert, but I don't see SCOTUS ruling on the constitutionality of the CTA at this time, so I'm not holding my breath on options D and E. I'm not going to speculate on options A, B or C (I'm a Viking fan and don't want to jinx anything else this week). Finally, we don't have a schedule for SCOTUS's decision, but you can be sure I will serve another update when something happens......with a side of aspirin.
Happy New Year
