Page:United States Reports 502 OCT. TERM 1991.pdf/195

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Cite as: 502 U. S. 32 (1991)

37

Opinion of the Court

(FISA), 80 Stat. 1046, as amended, 12 U. S. C. § 1818 et seq. (1988 ed. and Supp. II), particularly § 1818(i)(1), deprived the District Court of jurisdiction to enjoin either proceeding, but that our decision in Leedom v. Kyne, 358 U. S. 184 (1958), nevertheless authorized an injunction against an administrative proceeding conducted without statutory authorization. The Court of Appeals ruled that the Board’s promulgation and enforcement of its source of strength regulation exceeded its statutory authority. Accordingly, the court vacated the District Court injunction barring the § 23A proceeding, but remanded the case with instructions to enjoin the Board from enforcing its source of strength regulation. Both parties petitioned for certiorari. The Board’s petition challenges the Court of Appeals’ interpretation of Leedom v. Kyne, as well as its invalidation of the source of strength regulation. MCorp’s petition challenges the Court of Appeals’ interpretation of the relationship between the provisions governing judicial review of Board proceedings and those governing bankruptcy proceedings. We first address the latter challenge. II A series of federal statutes gives the Board substantial regulatory power over bank holding companies and establishes a comprehensive scheme of judicial review of Board actions. See FISA; the Bank Holding Company Act of 1956 (BHCA), 12 U. S. C. § 1841 et seq. (1988 ed. and Supp. II); and the International Lending Supervision Act of 1983, 12 U. S. C. § 3901 et seq. In this litigation, the most relevant of these is FISA.7 7 Although the several “Notices of Charges and of Hearing” issued by the Board against MCorp relied on FISA and the BHCA, e. g., App. 57, 72, the parties have focused only on the former. We note, however, that the BHCA includes a preclusion provision that is similar to § 1818(i)(1) in FISA. See 12 U. S. C. § 1844(e)(2).