March 30, 2026

Fifth Circuit denies petition to review district court jurisdiction over FDIC enforcement

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On March 20, the U.S. Court of Appeals for the 5th Circuit denied a petition for rehearing en banc in a case concerning whether 12 U.S.C. § 1818(i) strips district courts of jurisdiction to hear constitutional challenges to the FDIC’s in-house enforcement proceedings. As previously covered by InfoBytes, the panel’s August 2025 decision held that the statute, which provides in part that “no court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement” of certain FDIC orders, precludes district court jurisdiction even over structural constitutional claims, and reversed a preliminary injunction that had barred the FDIC from proceeding with an enforcement action against a former bank CEO. The petition filed in October 2025 argued the panel’s decision squarely conflicted with the 5th Circuit’s earlier decision in Collins v. Department of the Treasury, which recognized that § 1818(i) does not preclude review of constitutional claims and that Congress must speak with greater clarity to strip jurisdiction over such claims. The 5th Circuit’s order denying the petition noted that no member of the panel or judge in regular active service requested that the court be polled on the rehearing petition.

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