On July 17, 2023, the Fifth Circuit stayed a case in which WLF filed an amicus brief urging it to affirm in part and reverse a part an injunction stopping an FDIC administrative proceeding. WLF’s brief showed how the District Court had jurisdiction over the case. The brief also explained the constitutional problems with the administrative proceeding. Both FDIC board members and FDIC administrative law judges enjoy unconstitutional for-cause removal protections. Finally, the brief outlined why federal courts can grant relief on the plaintiff’s claims that the FDIC structure is unconstitutional. The case will remain stayed pending the Supreme Court’s disposition of SEC v. Jarkesy.
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