Burgess v. Whang

On October 16, 2025, WLF urged the Fifth Circuit to grant rehearing en banc to revisit a panel’s ruling that federal courts lack jurisdiction to enjoin FDIC enforcement actions under 12 U.S.C. § 1818(i)(1). In its brief, WLF contends 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. WLF urges en banc review to adopt a narrow statutory reading that allows citizens federal-court access and ensures timely judicial checks on agency overreach.

Documents:

WLF amicus brief