The court order is the latest development in a lawsuit filed by retailers nearly two years ago.
Plantiffs also say the sheer size of the debit card market make their case big enough for the nation's highest court.
Last year's lawsuit against the Federal Reserve could be heard by the Supreme Court.
Credit unions wondering if the courts would make them change their debit card programs can rest easy for now.
After nine months of uncertainty regarding the minimum number of required debit networks and other details, the Fed's rule will not change.
A three-judge panel may wind up preserving the Fed's debit interchange regulation, which a lower court invalidated last year.
Counsel to retail plaintiffs explains that the Durbin Amendment precludes Fed from including fraud costs in the debit interchange cap.
WASHINGTON — Judges reviewing 2013 ruling that tossed out much of the Fed's interchange reg appeared open Friday to leaving much of it in place.
Debit card issuers, Fed and merchants will present cases regarding how the Fed interpreted Dodd-Frank's Durbin Amendment.
Legal battle continues over Federal Reserve's interchange rules stemming from Dodd-Frank.