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Linney's Pizza v. Federal Reserve Board — 6th Cir. (Oct 22, 2026)

No. 25-6038 Argued October 22, 2026 Published October 23, 2026

The Sixth Circuit hears Linney's Pizza's challenge to the rules behind merchants' debit-card fees. An interchange fee compensates the card-issuing bank; merchants bear it through their payment-processing charges. Linney's says the Federal Reserve's Regulation Two allows costs Congress excluded, making the fee cap too high. The district court upheld the rule; Linney's now appeals. The Durbin Amendment requires fees to be reasonable and proportional to issuers' transaction costs. The lawyers use A-C-S for authorization, clearance and settlement, the steps involved in processing a debit payment. The disputed provision requires consideration of incremental A-C-S costs and excludes costs not specific to a particular transaction. Linney's will argue that Congress created only two cost categories; the Board will defend a reading that permits additional transaction-related costs. Banking associations will also defend the rule. Another recurring name is Loper Bright, the Supreme Court decision requiring judges to interpret statutes independently rather than defer just because the text is ambiguous. It still permits Congress to delegate policy choices to agencies within legal limits.

Linney's Pizza v. Federal Reserve Board (No. 25-6038) — U.S. Court of Appeals for the Sixth Circuit, argued October 22, 2026.

Sources
Case and argument date — official recordings listing:https://www.opn.ca6.uscourts.gov/internet/court_audio/aud1.php
Merits appeal and district-case link — dated calendar, PDF page 18:https://www.ca6.uscourts.gov/sites/ca6/files/documents/oral_argument_calendars/10192026_arg.pdf
Merchant-fee background and ruling appealed — district opinion, Document 61, September 2025:https://www.govinfo.gov/content/pkg/USCOURTS-kyed-3_22-cv-00071/pdf/USCOURTS-kyed-3_22-cv-00071-2.pdf
Banking associations and their proposed intervention — Document 56, pages 1–3; district motion denied:https://www.govinfo.gov/content/pkg/USCOURTS-kyed-3_22-cv-00071/pdf/USCOURTS-kyed-3_22-cv-00071-1.pdf
Statutory fee standard, cost categories and definitions — Durbin Amendment, 15 U.S.C. § 1693o-2:https://www.law.cornell.edu/uscode/text/15/1693o-2
Debit interchange cap — Regulation II, 12 C.F.R. § 235.3:https://www.ecfr.gov/current/title-12/chapter-II/subchapter-A/part-235/section-235.3
Merchant fees — Senator Durbin’s filed amicus, interest/introduction and printed pages 4–6; advocacy, not a court holding:https://www.durbin.senate.gov/imo/media/doc/linneys_6th_cir_durbin_amicus_050626pdf.pdf
Independent legal interpretation and delegated discretion — Loper Bright majority, parts II C and IV:https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

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