Burgess v. Whang

On March 20, 2026, the Fifth Circuit declined to revisit a panel’s ruling that federal courts lack jurisdiction to enjoin FDIC enforcement actions under 12 U.S.C. § 1818(i)(1). The decision was a disappointment for WLF, whose amicus brief contended that the panel’s broad interpretation of the statute’s exhaustion scheme improperly delays review of agencies’ constitutional violations, such as improper removal protections and denial of jury trials.