Docket No. DOJ-OLP-2025-0169  //  OLP182

DOJ × National Economic Council · Request for Information

The Preemption Docket

Four financial-sector trade groups answered the Justice Department's call to name state laws that burden interstate commerce. This is a field guide to what each argued, who raised what, and how the underlying fights have moved since the comment deadline.

RFI: 90 FR 39427 (Aug. 15, 2025) Comments due: Sept. 15, 2025 Commenters analyzed: 4 Issues mapped: 15 Updated through: June 18, 2026

The file · who filed

The four commenters

All four filed on the deadline, September 15, 2025. Their common spine is national-bank preemption under the National Bank Act and the Barnett Bank / Cantero "significant interference" standard, plus interest-rate exportation for state-chartered banks. The fintech and consumer-credit filers reach further into bank-fintech lending and product-specific fights.

The prompt

What DOJ asked

The RFI posed four questions. BPI tracked them literally; the others organized by issue.

Q1

Which state laws significantly burden commerce in or between states, raising costs and harming markets nationwide?

Q2

May the laws identified be preempted by existing federal authority, and if so, which authority?

Q3

Are there federal legislative or regulatory means for addressing those laws or the burdens they cause?

Q4

Which federal agency has the subject-matter expertise to address concerns within federal authority?

Coverage map

Who raised what

A filled marker means the organization raised the issue in its letter. Click any row to filter the detail cards below to that issue.

Issue Category BPI ABA FTA AFSA Since filing
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