On September 15, 2022, the Sixth Circuit ignored the confession of error by the Federal Deposit Insurance Corporation and declined to rehear en banc a case in which the three-judge panel affirmed an FDIC order. The case raised an important question of administrative law. WLF’s brief explained how the panel erred by affirming the FDIC despite holding that the FDIC’s decision was infected with legal errors. The brief also described how the panel’s decision will allow unconstitutional agency structures to survive and will discourage administrative-law litigation in the Sixth Circuit.

Update: On September 29, 2022, Justice Kavanaugh recalled the mandate and stayed the Sixth Circuit’s decision after the Solicitor General conceded that the Supreme Court is likely to grant certiorari and reverse the Sixth Circuit’s decision.

    Amicus brief in support of rehearing petition

Amicus Brief