The future of the national bank system is increasingly uncertain as federal regulators have incorporated DEI and ESG into bank supervision, creating tensions with some states. Several states have responded by attempting to ban such practices, potentially creating conflicting legal duties for banks. Meanwhile, other states are challenging interest rate exportation and other aspects of state preemption, which arguably undermines the value of national charters and hampers the ability of banks and fintechs to scale nationwide. The Supreme Court's recent overruling of the Chevron doctrine adds another layer of uncertainty as federal regulators will receive reduced deference. Do these conflicts signal the end of national bank charters, and are we headed toward a red-state/blue-state banking system? This panel will explore these questions.
Featuring:

Mr. John Court, Executive Vice President, General Counsel & COO, Bank Policy Institute
Mr. Will Hild, Executive Director, Consumers’ Research
Prof. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Hon. Ryan D. Nelson, Judge, United States Court of Appeals, Ninth Circuit