excalibur
Diamond Member
- Mar 19, 2015
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Another day, another diktat by the Biden Regime gets smacked down.
Biden and his crew of power-hungry swamp dwellers think they can do anything they want. Fortunately, much of that is getting stopped by the courts when standing is granted.
www.theepochtimes.com
Biden and his crew of power-hungry swamp dwellers think they can do anything they want. Fortunately, much of that is getting stopped by the courts when standing is granted.
Governmentâs interpretation diverges from the law, federal judge finds.
The federal governmentâs attempt to expand fair lending rules has been blocked for many institutions.
The new rules, which had been due to take effect on April 1, are based on incorrect interpretations of federal law, U.S. District Judge Matthew Kacsmaryk ruled on March 29.
Current rules, for instance, based on the Community Reinvestment Act (CRA), require banks and other lenders to provide services to low- and moderate-income people in the local community. The expanded rules stretch the definition of community to any individuals with whom the lenders do business.
Government officials alleged that the word âentireâ before community in the law necessitated a fresh examination of the statute and prompted the new rules.
âTrue, âthe word âentireâ ... should not be read out of [the statute],'â Judge Kacsmaryk wrote in his ruling. âBut it does not have the effect defendants attribute to it. In modifying âcommunity,â the word âentireâ merely clarifies that the whole community must be served, it does not change what a âcommunityâ is. If a statutory âcommunityâ is created around every individual customer with whom a bank does businessâregardless of whether that customer is within the geography of the bankâs physical presenceâthe term becomes meaningless and the statute ineffectual.â
The judge, an appointee of President Donald Trump, also said that the section of the new rules that authorize federal banking agencies (FBAs) to assess deposits, instead of only credit activities, was based on an incorrect reading of the law.
He pointed to how the law says the agencies shall âassess the institutionâs record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoodsâ by taking into account âcapital investment, loan participation, and other ventures undertaken by the institutionâ provided that these activities âhelp meet the credit needs of local communities.â
âNot a single foregoing provisionânor any other CRA provisionâauthorizes the FBAs to assess deposit products,â he said.
The preliminary injunction blocks the rules for many groups, including the U.S. Chamber of Commerce, which sued over them. The groups said the rules should be blocked as illegal.
...
Judge Blocks Biden Administrationâs Attempt to Expand Lending Rules
Governmentâs interpretation diverges from the law, federal judge finds.
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