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The United States Court of Appeals for the 10th Circuit has granted an en banc hearing in AFSA’s Colorado DIDMCA case. The case relates to a 1980 federal law intended to give state-chartered banks the same ability to export rates, etc., as national banks. AFSA and two other trade associations sued the state of Colorado over its state law where it “opted out” of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) in an effort to prevent other states’ state-chartered banks from exporting rates to Colorado. AFSA believes the state’s interpretation of DIDMCA is incorrect.
This means that the earlier 10th Circuit decision (that ruled 2-1 in favor of the state’s position) is vacated, and all 12 judges in the 10th Circuit will rehear the matter together.
This is reportedly only the second time in six years the 10th Circuit has granted re-hearing en banc.
Here is the order granting rehearing.
April 2nd, 2026
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