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Conservatives on Supreme Court side with North Dakota truck stop in fresh challenge to federal regulations


In a recent decision, the Supreme Court ruled in favor of a North Dakota truck stop, opening the door to new challenges to regulations long after they take effect. The case involved a regulation on debit card swipe fees that was upheld by a federal appeals court 10 years ago. The regulation from the Federal Reserve set fees that merchants must pay banks when customers use debit cards and took effect in 2011, with a deadline for lawsuits in 2017. However, the truck stop, Corner Post, didn’t open until 2018 and was dismissed by the appeals court. The Supreme Court’s decision could have broader implications for governmental agencies facing endless challenges.

This ruling comes on the heels of last week’s decision that overturned the Chevron decision and stripped the SEC of a major tool to fight securities fraud. Chief Justice John Roberts highlighted the dilemma facing the court, balancing the need for individual entities harmed by government actions to have their day in court with the potential for repeated challenges to regulations. The legal principle of access to justice was emphasized, stating that everyone is entitled to their day in court regardless of previous challenges. The decision reflects a shift in the court’s approach to regulations and could impact future challenges to federal agency actions.

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