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Cuomo v. Clearing House Ass'n, L.L.C.
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(Redirected from Cuomo v. Clearing House Association, L. L. C.)
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This article needs additional citations for verification. Please help improve this article by adding
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Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Featured content
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Random article
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Help
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Special pages
Permanent link
Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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statementMobile viewWikimedia Foundation Powered by MediaWiki

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Featured content
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Random article
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Special pages
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Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

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This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
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Featured content
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Random article
Donate to Wikipedia
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Interaction
Help
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Special pages
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Page information
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Cite this page
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Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Featured content
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Random article
Donate to Wikipedia
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Help
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Upload file
Special pages
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Page information
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Cite this page
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Download as PDF
Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
 Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
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Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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statementMobile viewWikimedia Foundation Powered by MediaWiki

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
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What links here
Related changes
Upload file
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Permanent link
Page information
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Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
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Contact page
Tools
What links here
Related changes
Upload file
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Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Banner logo
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki
Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
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Related changes
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Page information
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Cite this page
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Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
 (Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search
This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.
Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Printable version
Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
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Help
About Wikipedia
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Related changes
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Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."
The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
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Contact page
Tools
What links here
Related changes
Upload file
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Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Help
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Special pages
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Help
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Special pages
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Page information
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Printable version

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
 Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Printable version

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
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Random article
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Related changes
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Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Related changes
Upload file
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Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
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Tools
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Related changes
Upload file
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Permanent link
Page information
Wikidata item
Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki
Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Banner logo
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
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Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
 (Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
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Tools
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Related changes
Upload file
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Page information
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Cite this page
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Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search
This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.
Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Cite this page
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Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."
The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
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Random article
Donate to Wikipedia
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Help
About Wikipedia
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Contact page
Tools
What links here
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Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
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Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
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Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Featured content
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Random article
Donate to Wikipedia
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Help
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Special pages
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Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
Community portal
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Recent changes
Contact page
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This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
 Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
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Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
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Recent changes
Contact page
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Printable version

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
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Related changes
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Cite this page
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Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki
Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
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Contact page
Tools
What links here
Related changes
Upload file
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Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki
Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
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Random article
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Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
 (Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search
This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.
Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
About Wikipedia
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Tools
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Page information
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Cite this page
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Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
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This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."
The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Printable version

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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What links here
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Download as PDF
Printable version

Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
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Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
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Special pages
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Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Random article
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Special pages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

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This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Interaction
Help
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Recent changes
Contact page
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This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
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Help
About Wikipedia
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Recent changes
Contact page
Tools
What links here
Related changes
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Permanent link
Page information
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Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
 Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki
Banner logo
This November is the Wikipedia Asian Month. Come join us.

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
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Related changes
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Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki
Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
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Help
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What links here
Related changes
Upload file
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Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.
Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.
The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch
Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
 (Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search
This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.
Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
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Permanent link
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Cite this page
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Printable version
Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
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Random article
Donate to Wikipedia
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
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Random article
Donate to Wikipedia
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Help
About Wikipedia
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Related changes
Upload file
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Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."
The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.

The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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Languages
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
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Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
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Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
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Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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statementMobile viewWikimedia Foundation Powered by MediaWiki

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Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

Search Wikipedia
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Banner logo
This November is the Wikipedia Asian Month. Come join us.

Hide
Cuomo v. Clearing House Ass'n, L.L.C.
From Wikipedia, the free encyclopedia
(Redirected from Cuomo v. Clearing House Association, L. L. C.)
Jump to navigationJump to search

This article needs additional citations for verification. Please help improve this article by adding
citations to reliable sources. Unsourced material may be challenged and removed. (March
2015) (Learn how and when to remove this template message)
Cuomo v. Clearing House Association, L. L. C.
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 28, 2009
Decided June 29, 2009
Full case nameAndrew M. Cuomo, Attorney General of New York, Petitioner v. The Clearing
House Association, L.L.C., 129 S. Ct. 2710
Docket nos. 08-453
Citations 557 U.S. 519 (more)
129 S. Ct. 2710; 174 L. Ed. 2d 464; 2009 U.S. LEXIS 4944
Prior history Clearing House Ass'n, L.L.C. v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005); 396 F.
Supp. 2d 383 (S.D.N.Y. 2005); affirmed in part, reversed in part, Clearing House Ass'n, L.L.C. v.
Cuomo, 510 F.3d 105 (2d Cir. 2007), cert. granted, 555 U.S. 1130 (2009).
Holding
12 U.S.C. § 484 and 12 CFR § 7.4000 do not prohibit measures taken by the New York State
Attorney General to enforce state fair lending law against national banks. The Court held that
"visitorial powers" accorded to the OCC do not preempt state laws regulating banks.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito
Case opinions
Majority Scalia, joined by Stevens, Souter, Ginsburg, Breyer
Concur/dissent Thomas, joined by Roberts, Kennedy, Alito
Cuomo v. Clearing House Association, L. L. C., 557 U.S. 519 (2009), was a case decided by the
United States Supreme Court.[1] In a 5-4 decision, the court determined that a federal banking
regulation did not pre-empt the ability of states to enforce their own fair-lending laws.[2] The
Court determined that the Office of the Comptroller of the Currency is the sole regulator of
national banks but it does not have the authority under the National Bank Act to pre-empt state
law enforcement against national banks.

The case came out of an interpretation of the US Treasury Department's Office of the
Comptroller of the Currency which had blocked an investigation by New York into lending
practices. The OCC claimed that the 1864 National Bank Act bars states from enforcing their
own laws against national banks.

Justice Scalia stated in the opinion that while the OCC has "visitorial powers," the right to
examine the affairs of a corporation, that does not mean that it has the exclusive right to
enforcement. "A sovereign's 'visitorial powers' and its power to enforce the law are two
different things. Contrary to what the [OCC's] regulation says, the National Bank Act pre-empts
only the former." Scalia noted that states "have always enforced their general laws against
national banks--and have enforced their banking-related laws against national banks for at least
85 years."

The case is notable for the justices composing the 5-4 majority, which included the liberal
justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with
the conservative Scalia, who authored the opinion. Justice Clarence Thomas, joined by Justices
Samuel Alito, Anthony Kennedy, and Chief Justice John Roberts, wrote a dissent.
The case is further notable for the suggested relationship of this OCC decision to the financial
crisis of 2007–2010.

See also
List of United States Supreme Court cases, volume 557
List of United States Supreme Court cases
Clearing House Association, LLC
References
Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009).
"Roberts Court Veers From Pro-Business Tack". Forbes. 2009-06-29. Retrieved 2015-03-11.
External links
Text of Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009) is available from: Cornell
CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
"Cuomo vs. Clearing House Represents Victory for Taxpayers". June 29, 2009.
"Cuomo v. The Clearing House Association: OCC Loses Even with Chevron Deference". Retrieved
July 4, 2009.
"Cuomo v. The Clearing House Ass'n, L.L.C." (Case summary plus links to all of the briefs). Scotus
Wiki. Retrieved July 4, 2009.
Stub icon This article related to the Supreme Court of the United States is a stub. You can
help Wikipedia by expanding it.
Categories: United States Supreme Court casesUnited States Supreme Court cases of the
Roberts Court2009 in United States case lawUnited States Department of the TreasuryLegal
history of New York (state)United States Supreme Court stubs
Navigation menu
Not logged inTalkContributionsCreate accountLog inArticleTalkReadEditView historySearch

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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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statementMobile viewWikimedia Foundation Powered by MediaWiki

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Upload file
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This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki

Related changes
Upload file
Special pages
Permanent link
Page information
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Cite this page
Print/export
Create a book
Download as PDF
Printable version

Languages
Add links
This page was last edited on 5 November 2018, at 16:25 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms
may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a
registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policyAbout WikipediaDisclaimersContact WikipediaDevelopersCookie
statementMobile viewWikimedia Foundation Powered by MediaWiki