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April 17, 2007
Decision in Predatory Lending Case
Justice Ruth Bader Ginsburg has written a majority opinion for the Supreme Court in the closely-watched predatory lending enforcement case Wachovia v. Watters. It holds against the rights of states to enforce their consumer laws against operating subsidiaries of nationally-chartered banks. We were amicus on the other side (previous blog). But as Deepak Gupta points out at the Consumer Law and Policy Blog, the court largely avoided the broader issue of the "interaction between preemption and the power of federal administrative agencies--a dicey and dangerous can of worms." The good news: The court didn't expand agency power. Chief Justice Roberts joined the dissent (begins on page 22 of Justices Stevens and Scalia. Over at the SCOTUS blog find links to news clips.
Posted by Ed Mierzwinski at April 17, 2007 01:46 PM
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