On August 1, 2022, WLF filed an amicus brief urging the Sixth Circuit to rehear en banc a case in which the three-judge panel affirmed an FDIC order. The case raises an important question of administrative law. WLF’s brief explains how the panel erred by affirming the FDIC despite holding that the FDIC’s decision was infected with legal errors. The brief also describes how the panel’s decision will allow unconstitutional agency structures to survive and will discourage administrative-law litigation in the Sixth Circuit.

Documents:

    Amicus brief in support of rehearing petition

Amicus Brief