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U.S. Supreme Court

Case Status

Decided

Docket Number

08-453

Term

2008 Term

Oral Argument Date

April 28, 2009

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Questions Presented

1. Whether 12 C.F.R. § 7.4000 is entitled to judicial deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

2. Whether 12 C.F.R. § 7.4000 is invalid because it is inconsistent with the authoritative construction of the National Bank Act by the Supreme Court in First National Bank in St. Louis v. Missouri, 263 U.S. 640 (1924).

Case Updates

Supreme Court addresses state regulation of federally chartered banks

June 29, 2009

The Supreme Court concluded that the National Bank Act does not preempt states from concurrently enforcing state discrimination laws against federally chartered banks. The Court held that the Office of the Comptroller of the Currency unreasonably interpreted the National Bank Act’s grant of exclusive ‘visitorial,’ or regulatory, authority over the federally charted banks to encompass the enforcement of state law as well as federal law.

U.S. Chamber files amicus brief

April 01, 2009

NCLC urged the Supreme Court to uphold a lower court ruling that the National Bank Act preempts states from concurrently enforcing state discrimination laws against federally chartered banks. The Office of the Comptroller of the Currency interpreted the National Bank Act’s grant of exclusive ‘visitorial,’ or regulatory, authority over the federally charted banks to encompass the enforcement of state law as well as federal law. NCLC argued that the Court should accord broad deference to the agency’s interpretation of the statute.

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