Senator Dick Durbin filed an amicus brief in the U.S. Court of Appeals for the Sixth Circuit in Linney's Pizza v. Federal Reserve. The brief argues the Federal Reserve set debit interchange fees above what the Durbin Amendment permits. The National Federation of Independent Business, the Retail Industry Leaders Association, and the Manhattan Institute filed supporting briefs in May 2026. The case contends the Fed included costs beyond incremental authorization, clearance, and settlement expenses, exceeding the statute's plain text.
The Sixth Circuit case runs parallel to Corner Post v. Board of Governors in the Eighth Circuit. The North Dakota District Court vacated Regulation II entirely in August 2025. The Eighth Circuit completed briefing in April 2026. The American Bankers Association filed additional amicus briefs in June 2026 supporting the Fed's interchange standard. Corner Post seeks to eliminate the regulation entirely. Linney's Pizza argues the fee cap is set too high, permitting banks to recover unauthorized costs.
A split ruling between the circuits would likely push the debit interchange question to the Supreme Court. The Federal Reserve's October 2023 proposal to reduce the interchange cap from $0.21 plus 0.05 percent to $0.144 plus 0.04 percent remains unfinalized. The Credit Card Competition Act of 2026 was reintroduced in January as S.3623 and H.R.7035. The act would extend Durbin-style routing competition to credit card transactions, requiring large issuers to enable at least two unaffiliated networks.