Columbus, OH – On Wednesday, The Buckeye Institute filed an amicus brief in Jake’s Fireworks Inc. v. Consumer Product Safety Commission (CPSC), calling on the U.S. Supreme Court to hear the case and tell the government that businesses threatened with civil and criminal penalties by regulatory agencies are entitled to have their day in court. 

“This common government practice of threatening businesses with ‘non-compliance’ fines and penalties under the guise of ‘non-final notices’ is a blatant attempt to block Americans from taking their cases to court,” said David C. Tryon, director of litigation at The Buckeye Institute. “This case presents the court with another opportunity to balance the scales of justice.”

In its brief, The Buckeye Institute argues that when the government threatens civil and criminal penalties, the regulated party is entitled to its day in court and timely access to judicial review of agency threats of enforcement.

Pacific Legal Foundation represents Jake’s Fireworks. Americans for Prosperity, the Manhattan Institute, and National Federation of Independent Business joined The Buckeye Institute’s brief. 

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