Andrew M. Cuomo, Attorney General of New York v. the Clearing House Association, L. L. C., et al. (557 U.S. 519)
U.S. Supreme Court · decided June 29, 2009 · Supreme Court Database (Spaeth)
- Citation
- 557 U.S. 519 · 129 S. Ct. 2710
- Decided
- June 29, 2009
- Term
- October Term 2008
- Vote
- 5–4
- Majority author
- Justice Scalia
- Issue area
- Federalism
- Disposition
- Affirmed and reversed (or vacated) in part
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. In 2005, Eliot Spitzer, Attorney General for the State of New York, sent letters to several national banks making a request “in lieu of subpoena” that they provide certain nonpublic information about their lending practices. He sought this information to determine whether the banks had violated the State’s fair-lending laws. Spitzer’s successor in office, Andrew Cuomo, is the petitioner here. Respondents, the federal Office of the Comptroller of the Currency (Comptroller or OCC) and the Clearing House Association, a banking trade group, brought suit to enjoin the information request, claiming that the Comptroller’s regulation promulgated under the National Bank Act prohibits that form of state law enforcement against national banks. The United States District Court for the Southern District of New York entered an injunction in favor of respondents, prohibiting the Attorney General from enforcing state fair-lending laws through demands for records or judicial proceedings. The United States Court of Appeals for the Second Circuit affirmed. 510 F. 3d 105 (2007). We granted certiorari. 555 U. S. 1130 (2009). The question presented is whether the Comptroller’s regulation purporting to preempt state law enforcement can be upheld as a reasonable interpretation of the National Bank Act. I Section 484(a) of Title 12 U. S. C., a…
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