The Supreme Court delivered a significant ruling, allowing for new and broad challenges to regulations long after they have been in effect, marking a third recent setback for federal agencies.
In a 6-3 decision, the justices favored a truck stop in North Dakota that sought to challenge a federal appeals court’s ruling on debit card swipe fee regulations that had been upheld a decade earlier.
ADVERTISEMENT
The big picture: Despite the Federal Reserve’s regulation on debit card fees taking effect in 2011, Federal law generally allows a six-year time limit for challenging regulations. The lawsuit deadline for the debit card regulation was in 2017.
- Corner Post, a truck stop in Watford City, North Dakota, which opened in 2018, faced challenges as its legal complaint was ruled too late by a federal appeals court.
- Following the Biden administration’s urging, the Supreme Court’s decision to support the truck stop’s challenge could pave the way for continued legal challenges against regulatory measures by governmental agencies.
Why it matters: This ruling holds significance post the recent overturning of the 1984 Chevron decision, making it more challenging to uphold regulations broadly. Additionally, the Securities and Exchange Commission lost a crucial tool in combating securities fraud.
The ruling: Chief Justice John Roberts highlighted the complexity faced by the court, where agencies may encounter extended challenges years after implementing regulations, potentially disrupting the regulatory landscape.
- Roberts emphasized the importance of ensuring entities harmed by government actions have the opportunity to seek legal recourse, even if others had previously missed the deadline for legal challenges.
