NCUA Response to ABA Field of Membership Challenge Now Due May 26

The U.S. Supreme Court has given the National Credit Union Administration until May 26 to respond to a petition filed by the American Bankers Association challenging the agency’s Field of Membership rules. The ABA had challenged the rule amended in 2016.

Originally, the agency was supposed to respond by April 10; that deadline was extended to May 11 after Solicitor General Noel Francisco filed a request with the court, saying that the government’s response was delayed because attorneys assigned to the case were still working on earlier ones. Following a second request for extension, the court set the May 26 deadline.

In March 2018, U.S. District Judge Dabney Friedrich struck down portions of the 2016 rule. One section struck down automatically made a Combined Statistical Area or contiguous portion with fewer than 2.5 million a local community. Another part of the rule that was struck down increased the population limit for rural districts to one million people.

A three-judge panel from the U.S. Circuit Court of Appeals for the District of Columbia overturned large parts of that ruling. A request by the ABA for the full appeals court to hear the case was rejected.

The ABA then filed a petition with the Supreme Court, which accepted the case.

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