STATE NAT. BANK OF BIG SPRING v. LEW

Nos. 13-5247, 13-5248.

795 F.3d 48 (2015)

STATE NATIONAL BANK OF BIG SPRING, et al., Appellants v. Jacob J. LEW, in his Official Capacity as United States Secretary of the Treasury, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2015.


Attorney(s) appearing for the Case

Gregory F. Jacob argued the cause for Private Appellants. With him on the briefs were Sam Kazman , Hans Bader , C. Boyden Gray , Adam J. White , and Adam R.F. Gustafson.

Patrick R. Wyrick , Attorney, Office of the Attorney General for the State of Oklahoma, argued the cause for State Appellants. With him on the briefs were E. Scott Pruitt , Attorney General, Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina, James Emory Smith, Jr. , Attorney, Samuel S. Olens , Attorney General, Office of the Attorney General for the State of Georgia, John E. Hennelly , Attorney, Bill Schuette , Attorney General, Office of the Attorney General of the State of Michigan, Neil D. Gordon , Attorney, Jon Bruning , Attorney General, Office of the Attorney General of the State of Nebraska, Katherine J. Spohn , Attorney, Luther Strange , Attorney General, Office of the Attorney General for the State of Alabama, Andrew L. Brasher , Deputy Solicitor, Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeffrey A. Chanay , Deputy Attorney General, Timothy C. Fox , Attorney General, Office of the Attorney General for the State of Montana, Lawrence VanDyke , Attorney, Greg Abbott , Attorney General, Office of the Attorney General for the State of Texas, John Reed Clay, Jr. , Attorney, Michael DeWine , Attorney General, Office of the Attorney General for the State of Ohio, Jennifer L. Pratt , Assistant Attorney General, Patrick Morrisey , Attorney General, Office of the Attorney General for the State of West Virginia, and Elbert Lin , Solicitor General. Matthew T. Cochenour , Assistant Attorney General, Office of the Attorney General for the State of Montana, and Aaron D. Lindstrom , Attorney, Office of the Attorney General for the State of Michigan, entered appearances.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, Mark B. Stern , Attorney, Meredith Fuchs , General Counsel, Consumer Financial Protection Bureau, John R. Coleman , Senior Counsel, Katherine H. Wheatley , Associate General Counsel, Board of Governors of the Federal Reserve System, Joshua P. Chadwick , Counsel, Colleen J. Boles , Assistant General Counsel, Federal Deposit Insurance Corporation, Kathryn R. Norcross , Senior Counsel, Jerome A. Madden , Counsel, Gregory F. Taylor , Douglas B. Jordan , and Gabriel Hindin , Attorneys, Office of the Comptroller of the Currency, Michael A. Conley , Deputy General Counsel, Securities and Exchange Commission, William K. Shirey , Assistant General Counsel, Ajay B. Sutaria , Counsel, Office of General Counsel, Commodity Futures Trading Commission, and John K. Ianno , Senior Associate General Counsel, National Credit Union Administration.

Before: ROGERS, KAVANAUGH, and PILLARD, Circuit Judges.


Opinion for the Court filed by Circuit Judge KAVANAUGH.

In response to the financial crisis in 2008 and 2009, Congress passed and President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act. See Pub.L. No. 111-203, 124 Stat. 1376 (2010). State National Bank is a bank in Big Spring...

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