WASHINGTON–The American Bankers Association said it is considering appealing to the Supreme Court a decision made by an appeals court that rejected its lawsuit against NCUA over its new field of membership rules.
As CUToday.info reported here, the U.S. District Court of Appeals for the D.C. Circuit denied a request by the American Bankers Association for a rehearing en banc in a case filed against NCUA over its new field of membership rules.
The bankers’ group had originally filed suit in December 2016 over rules expanding field of membership for federal credit unions. In March 2018, the U.S. District Court for the District of Columbia upheld two challenged portions of NCUA's FOM rule and struck down two provisions in a lawsuit filed against the agency by the ABA. The NCUA appealed the decision in May and ABA cross-appealed in June.
The NCUA board approved tweaks to its expanded field of membership rules in response to the courts.
The American Bankers Association has not said on what grounds it might seek a Supreme Court review or when it might announce whether it plans to proceed.