Corner Post v. Board of Governors of the Federal Reserve System
In brief
A person can bring an APA challenge within six years after a final agency action first injures that person.
- Where it stands
- Decided
Decided 6-3 · July 1, 2024 · Opinion by Justice Barrett
- What it’s about
- The Court addressed Florida and Texas laws regulating social media platforms but remanded both cases for further analysis. The Court provided guidance on how the First Amendment applies to content moderation by social media companies.
- Who it affects
- People and businesses newly harmed by an older federal rule may have six years from their injury to sue. For example, a business that pays debit-card fees under a long-standing rule may challenge that rule after it begins suffering the alleged harm.
Summary: written with AI from the case record.
What it's about
The decision gives people affected by federal agency rules more time to seek court review under the APA, a federal law governing challenges to agency actions.
Question presented
Does a plaintiff’s claim under the Administrative Procedure Act “first accrue” under 28 U.S.C. § 2401(a) when an agency issues a rule, or when the rule first causes harm to the plaintiff?
What the Court decided
Holding
An APA claim does not accrue for purposes of §2401(a)’s 6-year statute of limitations until the plaintiff is injured by final agency action. 55 F. 4th 634, reversed and remanded.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Kavanaughwrote separately
From the opinions
“An APA claim does not accrue for purposes of §2401(a)’s 6-year statute of limitations until the plaintiff is injured by final agency action.”
“The flawed reasoning and far-reaching results of the Court’s ruling in this case are staggering.”
What's next
The case returns to the lower courts, which must apply the Court's new timing rule. Corner Post may continue pursuing its challenge to the Federal Reserve's debit-card fee rule.
Documents
Docket activity
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AI analysis generated: Impact Analysis
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More questions
- What did the Supreme Court rule in Corner Post?
- The Court said the six-year deadline for an APA challenge begins when the plaintiff is injured by a final agency action.
- Who does Corner Post affect?
- Businesses and other people newly harmed by older federal rules may get six years from their injury to file an APA challenge.
- What happens next in Corner Post?
- The case goes back to the lower courts. They will apply the injury-based deadline to Corner Post's challenge.
- Is the Federal Reserve's debit-card fee rule still the law after Corner Post?
- The Court did not decide whether the rule is unlawful. It reversed and remanded the case for further proceedings.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.