On March 1, 2023, WLF filed an amicus brief urging the Supreme Court to hear a case in which the Sixth Circuit affirmed an FDIC occupational debarment order. The case raises an important question of administrative law. WLF’s brief explains how the Sixth Circuit erred by affirming the FDIC despite holding that the FDIC’s decision was infected with legal errors. This holding split from many other circuits to have considered the issue. The brief also describes how the Sixth Circuit’s decision will allow unconstitutional agency structures to survive and urges the Court to grant review so that does not happen.
Amicus brief in support of certiorari
Amicus brief in support of rehearing petition