This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The central legal question is when the six‑year statute of limitations for an APA claim begins to run.
Background and question before the Court
The Court must decide whether the limitations period begins when the plaintiff first suffers an injury from the final agency action, or at some earlier point such as the issuance of the rule.
What each side argues
Corner Post, Inc.
According to Corner Post, Inc., according to Corner Post, Inc., corner Post argues that the limitations clock should start when it first incurred debit‑card fees, i.e., when it swiped its first card in 2018.
According to Corner Post, Inc., according to Corner Post, Inc., corner Post contends that the Board’s 21‑cent fee cap is unreasonably high and therefore arbitrary and capricious under the APA.
Board of Governors of the Federal Reserve System
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Sotomayor asked whether there is any res judicata or collateral estoppel issue.
Justice Thomas asked when the claim accrued for the petitioner.
Justice Thomas followed up, asking whether it is normal to have two different accrual times.
Justice Kagan asked about the scope of the decision’s impact (small, medium, large).
Justice Jackson asked when the injury would occur under the plaintiff’s theory of an invalid rule promulgation.
Justice Jackson followed up, asking how to pin down the clock for the rule challenge.
According to Justice Alito, justice Alito questioned whether a facial challenge accrues at the time of rule adoption and whether the statute of limitations bars later challenges.
According to Justice Alito, justice Alito gave a hypothetical about a gender‑based admission rule to illustrate the limitation issue.
According to Justice Kavanaugh, justice Kavanaugh suggested that the accrual date for a corporation that incorporated later should be the date it opened for business.
Chief Justice Roberts asked how the answers apply to a corporation incorporated after the six‑year period.
Justice Barrett asked whether a party that has not yet incorporated but is within the six‑year window has standing.
Justice Kavanaugh followed up on standing, asking how the plaintiff can obtain redress if the rule cannot be set aside under the APA.
According to Justice Jackson, justice Jackson raised the issue of finality, questioning why a new company should be allowed to unsettle long‑established rules.
- [1] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 21
- [2] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 41
- [3] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 42
- [4] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 52
- [5] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 65
- [6] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 66
- [7] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 67
- [8] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 68
- [9] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 69
- [10] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 71
- [11] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 72
- [12] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 77
- [13] c21df22544c53f19f6f2-r1-4094257139054485.pdf, p. 79
What the Court decided
The Court held that the six‑year statute of limitations for an APA claim begins when the plaintiff has the right to apply to the court for relief, i.e., when the plaintiff is injured by the final agency action.
The Court reversed the Eighth Circuit’s judgment and remanded for further proceedings consistent with this opinion.
Justice Kavanaugh, in a concurring opinion, agreed that an APA claim accrues when the plaintiff is injured by the challenged agency rule.
Justice Jackson dissented, arguing that vacatur is an appropriate remedy when a federal court finds an agency rule unlawful, and that Corner Post could obtain meaningful relief through vacatur.
Why it matters
The decision clarifies when the limitations period starts for challenges to agency rules, affecting when businesses like Corner Post can bring APA suits.
According to Justice Jackson, the dissent highlights that vacatur remains an available remedy under the APA, offering a path for plaintiffs to obtain relief even after the limitations period has run.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- c21df22544c53f19f6f2-r1-4094257139054485.pdforal argument transcript
- f8cd08e0710cd68b1523-r1-623b36ce767f3ecb.pdfopinion
Guide generated September 29, 2026. Automated validation accepted this version.