Supreme Court of the United States · Official docket →
Jeffrey Moats v. National Credit Union Administration Board, a Federal Administrative Agency, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-40259 · judgment August 25, 2025
(petition-stage, structural)
Roughly the 4.1% base rate. The model weights this up for a Fifth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Questions presented
After Jeffrey Moats served as a CEO for a small credit union for 25 years, he found himself subject to an investigation by the National Credit Union Administration Board (NCUA). Faced with the prospect of litigating not only before an administrative law judge insulated by an unconstitutional for-cause removal restriction, but also without the jury trial the Constitution guarantees for claims seeking civil penalties, he filed suit in district court seeking to enjoin the unconstitutional NCUA proceedings. Relying on this Court’s decision in Axon Enterprise, Inc. v. FTC, 598 U.S. 175 (2023), Moats’s lawsuit focused on constitutional issues collateral to the underlying issues and asserted a “here-and-now injury” from being subjected to an illegitimate proceeding, led by an illegitimate decisionmaker. But the district court nonetheless dismissed Moats’s lawsuit for want of jurisdiction, reading the Federal Credit Union Act to explicitly preclude district court jurisdiction, so Axon did not apply. The Fifth Circuit affirmed. The questions presented are:
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Whether the Federal Credit Union Act strips federal district courts of jurisdiction over constitutional challenges to a federal agency’s structure, procedures, and existence.
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Whether Congress may, consistent with Article III, strip federal district courts of jurisdiction over structural constitutional challenges to a federal agency’s authority to proceed at all.
Counsel of record
For petitioner
Aditya Dynar
Pacific Legal Foundation
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 11 2026Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2026.
- Aug 10 2026Brief amicus curiae of New Civil Liberties Alliance filed.
- Aug 07 2026Motion to extend the time to file a response from August 10, 2026 to September 9, 2026, submitted to The Clerk.
- Jul 08 2026Petition for a writ of certiorari filed. (Response due August 10, 2026)
- Jun 10 2026Application (25A1365) granted by Justice Alito extending the time to file until July 8, 2026.
- Jun 04 2026Application (25A1365) to extend the time to file a petition for a writ of certiorari from June 17, 2026 to July 8, 2026, submitted to Justice Alito.