Whither Preemption?

On April 28, the U.S. Supreme Court heard oral argument in Cuomo v. Clearing House Association, an appeal from the Second Circuit decision barring the New York Attorney General's investigation into apparent racial discrimination in lending decisions by national banks in New York demonstrated by HMDA data.  The Second Circuit, in an opinion joined by two judges out of a three-judge panel -- with a vigorous dissent by the third judge, held that the investigation was barred by federal preemption, even though the state anti-discrimination laws themselves were not preempted.

Here's a link to a short, even-handed article I wrote for the American Bar Association's Preview of U.S. Supreme Court Cases.  My article, written before the oral argument, appears at page 435:  Download ABA_Preview7_2009[1]

Another link -- to the transcript of the oral argument before the Supreme Court:  http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-453.pdf

And here's what I had to say about the case in a radio interview:    http://www.fsrn.org/audio/supreme-court-round/4614

(ag) April 29, 2009, in Federal Preemption.