Should Braswell v. United States be limited or overturned?

QUESTIONS PRESENTED : In Braswell v. United States, 487 U.S. 99, 102, 109 (1988), this Court held 5-4 that a records custodian of a business entity cannot resist-a government-issued subpoena duces tecum on Fifth Amendment grounds, “regardless of how small the [entity] may be.” Yet, Braswell left open a.potential exception for situations : in which the jury would “inevitably conclude” the custodian-owner produced the records. Jd. at 118 n. 11. 1. Should Braswell be limited or overturned given: (i) the explosion in the formation of small, familyowned limited liability and pass-through entities, | (ii) the Court’s increased recognition of the legal rights , of closely-held business entities, e.g., Burwell v. Hobby , Lobby Stores, Inc., 134 8. Ct. 2751 (2014), and (iii) the | fact that the Braswell custodian-owner asserted his | individual privilege rather than a privilege on behalf — of his closely-held corporation? ; : 2. Are small, family-owned limited liability companies (LLCs) and pass-through entities (subchapter “S” corporations) “collective entities” under the Fifth Amendment and, if so, do situations like Petitioner’s ; fall within Braswell’s potential exception? © . ; @i) .