Breaking: U.S. Supreme Court Allows Corner Post Swipe-Fee Challenge

The ruling makes it easier to challenge government regulations.

July 01, 2024

This morning, the United States Supreme Court ruled in favor of Corner Post, a convenience store located in Watford, North Dakota, in a decision “that could make it easier for businesses to try to undo longstanding federal rules,” reported Reuters.

Voting 6-3 along ideological lines, the justices said the retailer can sue over a 2011 rule governing the charges that banks impose on merchants. The majority said a six-year statute of limitations doesn’t bar the suit because the business didn’t open until 2018, explained Bloomberg Government.

“Corner Post, backed by various conservative and corporate interest groups including billionaire Charles Koch's network and the U.S. Chamber of Commerce, contended that businesses should have wide latitude to challenge regulations they consider unlawful and burdensome,” wrote Reuters.

The Biden administration had argued that adopting Corner Post's legal position "would substantially expand the class of potential challengers" to government regulations and threatens to "increase the burdens on agencies and courts." (Read more about the ruling from the Associated Press.)

The National Retail Federation noted that Corner Post’s lawsuit, which is now allowed to go forward, says the Fed set the debit card swipe fee cap higher than allowed under the Durbin Amendment, a 2010 law directing it to adopt regulations resulting in debit card swipe fees that were “reasonable” and “proportional” to banks’ costs.

Advertisement