On May 30, 2024, the Supreme Court vacated a Second Circuit decision holding a New York banking law preempted by the National Bank Act. This was a disappointment for WLF, which filed an amicus brief urging affirmance. As WLF’s brief explained, there are myriad federal laws that expressly preempt state and local laws regulating important industries. These express-preemption provisions help both consumers and businesses. The Supreme Court’s ruling will cause uncertainty for businesses by chipping away at the preemptive effect of all these statutory provisions.


Amicus brief