Supreme Court of the United States · Official docket →
Corner Post, Inc. v. Board of Governors of the Federal Reserve System
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-1639 · judgment December 14, 2022
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).
Question presented
Petitioner Corner Post, Inc. is a convenience store and truck stop in North Dakota that first opened for business in 2018. In 2021, Corner Post sued the Board of Governors of the Federal Reserve System under the Administrative Procedure Act, challenging a Board rule adopted in 2011 that governs certain fees for debit-card transactions. The Eighth Circuit held that Corner Post's APA claims were barred by 28 U.S.C. §2401 (a)'s six-year statute of limitations. In so doing, it adopted the majority position in an acknowledged circuit split on when APA claims "first accrue[]" under §2401(a). The Eighth Circuit held that Corner Post's APA claims "first accrue[d]" when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. As a result, Corner Post's limitations period expired in 2017-a year before it opened for business. The court did not explain how Corner Post could have "suffer[ed] legal wrong" from or been "adversely affected or aggrieved by" the Board's rule-a predicate to stating an APA claim, 5 U.S.C. §702- before Corner Post accepted even one debit-card payment subject to the rule. The question presented is: Does a plaintiffs APA claim "first accrue[]" under 28 U.S.C. §2401(a) when an agency issues a rule-regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)-or when the rule first causes a plaintiff to "suffer[] legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)?
Counsel of record
For petitioner
Tyler Green
Consovoy McCarthy PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage · 12 merits
(10 supporting pet./neither, 2 respondent)
Argument & decision
Argued February 20, 2024 — Bryan K. Weir · Benjamin W. Snyder. Audio and transcript
Decided July 1, 2024. Opinion by Barrett.
Proceedings
- Aug 22 2024Record returned to the United States Court of Appeals for the Eighth Circuit.
- Aug 02 2024Judgment Issued.
- Jul 01 2024Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., and Kagan, J., joined.
- Feb 20 2024Argued. For petitioner: Bryan K. Weir, Arlington, Va. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Jan 16 2024Record received from the United States Court of Appeals for the Eighth Circuit (one box) and available with the Clerk.
- Jan 12 2024Reply of petitioner Corner Post, Inc. filed. (Distributed)
- Jan 11 2024CIRCULATED.
- Jan 05 2024SET FOR ARGUMENT on Tuesday, February 20, 2024.
- Jan 05 2024Record requested from the United States Court of Appeals for the Eighth Circuit.
- Dec 20 2023Brief amici curiae of Small Business Associations filed.
- Dec 19 2023Brief amicus curiae of Public Citizen filed.
- Dec 13 2023Brief of respondent Board of Governors of the Federal Reserve Sytem filed.
- Nov 20 2023Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed.
- Nov 20 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
- Nov 20 2023Brief amici curiae of Governor Henry McMaster, et al. filed.
- Nov 20 2023Brief amici curiae of State of West Virginia, et al. filed.
- Nov 20 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Nov 20 2023Brief amici curiae of Little Tucker Act Scholars filed.
- Nov 20 2023Brief amicus curiae of New Civil Liberties Alliance filed.
- Nov 20 2023Brief amici curiae of Professors Aditya Bamzai, et al. filed.
- Nov 20 2023Brief amicus curiae of Cato Institute (Dec.12, 2023) filed.
- Nov 17 2023Brief amicus curiae of Pacific Legal Foundation filed.
- Nov 13 2023Brief of petitioner Corner Post, Inc. filed.
- Nov 06 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Oct 26 2023Motion to dispense with printing the joint appendix filed by petitioner Corner Post, Inc.
- Sep 29 2023Petition GRANTED.
- Jun 23 2023Reply of petitioner Corner Post, Inc. filed. (Distributed)
- Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 16 2023Brief of respondent Board of Governors of the Federal Reserve Sytem in opposition filed.
- Jun 16 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received.
- May 17 2023Brief amicus curiae of Cato Institute filed.
- May 17 2023Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed.
- May 17 2023Brief amicus curiae of John Kendrick filed.
- May 08 2023Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2023.
- May 05 2023Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
- Apr 13 2023Petition for a writ of certiorari filed. (Response due May 17, 2023)
- Mar 08 2023Application (22A783) granted by Justice Kavanaugh extending the time to file until April 13, 2023.
- Mar 03 2023Application (22A783) to extend the time to file a petition for a writ of certiorari from March 14, 2023 to April 13, 2023, submitted to Justice Kavanaugh.