OCC Files Amicus Brief on 10th Circuit Decision

WASHINGTON—The Office of the Comptroller of the Currency filed an amicus brief with the United States Court of Appeals for the Tenth Circuit in connection with the litigation, National Association of Industrial Bankers v. Weiser.

In advocating for the Tenth Circuit to consider the case before its full court, the OCC’s brief details how the panel’s decision undermines the benefits of the federal interest rate framework that Congress granted to state banks and places them at a significant competitive disadvantage compared to national banks.

The OCC’s action builds upon Comptroller of the Currency Jonathan V. Gould’s statement of December 9, noting that the panel decision of the Tenth Circuit is inconsistent with Congress’s efforts to create competitive equality between state and federally chartered banks.

The OCC strongly supports the dual banking system, including the preemption of state laws for state-chartered banks as permitted by law. The OCC also commends the FDIC for taking steps to support these Congressionally-granted benefits, including its filing of an amicus brief as well.

Related Links

• OCC Amicus Brief (PDF)
• News Release 2025-122, Comptroller Issues Statement on 10th Circuit Decision, dated December 9, 2025