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Corner Post, Inc. v. Board of Governors of the Federal Reserve System

Docket No. Op. Below Argument Opinion Vote Author Term
22-1008 8th Cir. Feb 20, 2024
Jul 1, 2024 6-3 Barrett OT 2023

Holding: An Administrative Procedure Act claim does not accrue for purposes of 28 U.S.C. § 2401(a) — the default 6-year statute of limitations applicable to suits against the United States — until the plaintiff is injured by final agency action.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Barrett on July 1, 2024. Justice Kavanaugh filed a concurring opinion. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

DateProceedings and Orders (key to color coding)
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.
Mar 08 2023Application (22A783) granted by Justice Kavanaugh extending the time to file until April 13, 2023.
Apr 13 2023Petition for a writ of certiorari filed. (Response due May 17, 2023)
May 05 2023Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
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 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.
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.
Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
Jun 23 2023Reply of petitioner Corner Post, Inc. filed. (Distributed)
Sep 29 2023Petition GRANTED.
Oct 26 2023Motion to dispense with printing the joint appendix filed by petitioner Corner Post, Inc.
Nov 06 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 13 2023Brief of petitioner Corner Post, Inc. filed.
Nov 17 2023Brief amicus curiae of Pacific Legal Foundation 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.
Dec 13 2023Brief of respondent Board of Governors of the Federal Reserve Sytem filed.
Dec 19 2023Brief amicus curiae of Public Citizen filed.
Dec 20 2023Brief amici curiae of Small Business Associations filed.
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.
Jan 11 2024CIRCULATED.
Jan 12 2024Reply of petitioner Corner Post, Inc. filed. (Distributed)
Jan 16 2024Record received from the United States Court of Appeals for the Eighth Circuit (one box) and available with the Clerk.
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.
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.