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.
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.
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.
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.