A New SCOTUS Case Could Undo Decades of Regulation

Conservative business interests are backing arguments in a Supreme Court case that could open even long-finalized federal regulation to legal attacks, striking at safeguards that protect ordinary Americans.

US Supreme Court Building in Washington

Stone steps lead up to the front of the US Supreme Court building on February 7, 2024, in Washington, DC. (J. David Ake / Getty Images)


On Tuesday, the US Supreme Court will hear a little-covered case that has the power to wipe away safeguards for any and all regulations that govern Americans’ daily lives.

Plaintiffs in the case, which is ostensibly about a convenience store’s challenge to debit-card fee limits, are backed by big business and groups tied to the conservative Koch network, and they’re asking the court to overturn a long-standing statute of limitations that currently protects federal rules from certain legal challenges once they’ve been finalized for six years. If they win, it could unleash an onslaught of attacks on all federal regulations, most of which Americans likely don’t even know protect them.

“Health, safety, the economy, food and drug safety, the environment — basically everything that we take for granted has been protected by [federal] agencies,” said Devon Ombres, the senior director of courts and legal reform at the public policy advocacy group Center for American Progress, who coauthored a report last week that warned the case “could open a pandora’s box” for federal deregulation.

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