The question
Whether the six-year statute of limitations for suits against the United States begins to run when an agency rule becomes final or when the plaintiff is first injured by that final agency action.
Corner Post, Inc. v. Board of Governors
What the Court decided
Reversed. A claim under the Administrative Procedure Act does not accrue for purposes of the six-year statute of limitations in 28 U.S.C. Section 2401(a) until the plaintiff is injured by final agency action, not when the rule becomes final. The Court reasoned that a right of action accrues only when the plaintiff has a complete and present cause of action, and because an APA plaintiff cannot sue and obtain relief until she suffers an injury, the limitations clock does not start until that injury occurs. Corner Post, which opened for business in 2018, could therefore challenge a 2011 Federal Reserve Board rule.
How the justices split
6-3The Court's opinion
Barrett, joined by Roberts, Thomas, Alito, Gorsuch, Kavanaugh
A right of action accrues under Section 2401(a) when the plaintiff has a complete and present cause of action, meaning when she can file suit and obtain relief. Reading Sections 702 and 704 of the APA together, an APA plaintiff may sue only after she is injured by final agency action, so the six-year limitations period does not begin to run until the plaintiff suffers that injury. The Court rejected the Board's position that the claim accrues when agency action becomes final even before any injury.
Concurring
Kavanaugh, writing alone
Kavanaugh joined the Court's opinion in full and filed a separate concurring opinion setting out additional reasoning in support of the holding.
Dissenting
Jackson, joined by Sotomayor, Kagan
Jackson dissented, arguing that an APA claim accrues when the challenged agency action becomes final, so the six-year limitations period runs from finality rather than from the plaintiff's later injury.
How we know · 5 sourced claims
Barrett delivered the opinion of the Court, joined by Roberts, Thomas, Alito, Gorsuch, and Kavanaugh.
Source: syllabus, lineup
The Court held that an APA claim does not accrue under Section 2401(a)'s six-year statute of limitations until the plaintiff is injured by final agency action.
Source: syllabus, Held
Jackson filed a dissenting opinion joined by Sotomayor and Kagan.
Source: syllabus, lineup
Kavanaugh filed a concurring opinion.
Source: syllabus, lineup
The District Court dismissed the suit as time barred and the Eighth Circuit affirmed.
Source: syllabus, Held