Regulation and Fair Access to Banking episode artwork

EPISODE · Jan 21, 2026 · 1H 1M

Regulation and Fair Access to Banking

from FedSoc Forums · host The Federalist Society

Allegations of politically motivated “debanking” have intensified debate over how federal regulation, supervisory practices, and concerns about “reputation risk” influence banks’ decisions about which customers to serve. In recent months, the President issued an Executive Order directing agencies to reexamine supervisory and risk-management frameworks, while the banking regulators themselves have taken steps related to supervision, anti-money-laundering obligations, and the treatment of reputation risk—often implicating questions surrounding confidential supervisory information. At the same time, Congress and stakeholders across the financial sector continue to grapple with the scope and meaning of federal “fair access” standards and what they might require of banks going forward.With these developments unfolding in parallel, important questions remain unresolved. What role should the government play in shaping banks’ customer relationships? How should supervisory expectations be calibrated, and what legal clarity—whether legislative or regulatory—might be needed to strike the proper balance?Please join the Federalist Society on Wednesday, January 7, at 12 PM ET for a virtual discussion exploring these issues and examining where regulators and lawmakers may go from here. Featuring: John Berlau, Senior fellow and Director of Finance Policy, Competitive Enterprise InstituteTabitha Edgens, Executive Vice President & Co-Head of Regulatory Affairs, Bank Policy InstituteBrian Knight, Senior Counsel, Corporate Engagement Team, Alliance Defending Freedom(Moderator) John Heltman, Washington Bureau Chief, American Banker

Allegations of politically motivated “debanking” have intensified debate over how federal regulation, supervisory practices, and concerns about “reputation risk” influence banks’ decisions about which customers to serve. In recent months, the President issued an Executive Order directing agencies to reexamine supervisory and risk-management frameworks, while the banking regulators themselves have taken steps related to supervision, anti-money-laundering obligations, and the treatment of reputation risk—often implicating questions surrounding confidential supervisory information. At the same time, Congress and stakeholders across the financial sector continue to grapple with the scope and meaning of federal “fair access” standards and what they might require of banks going forward.With these developments unfolding in parallel, important questions remain unresolved. What role should the government play in shaping banks’ customer relationships? How should supervisory expectations be calibrated, and what legal clarity—whether legislative or regulatory—might be needed to strike the proper balance?Please join the Federalist Society on Wednesday, January 7, at 12 PM ET for a virtual discussion exploring these issues and examining where regulators and lawmakers may go from here. Featuring: John Berlau, Senior fellow and Director of Finance Policy, Competitive Enterprise InstituteTabitha Edgens, Executive Vice President & Co-Head of Regulatory Affairs, Bank Policy InstituteBrian Knight, Senior Counsel, Corporate Engagement Team, Alliance Defending Freedom(Moderator) John Heltman, Washington Bureau Chief, American Banker

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Regulation and Fair Access to Banking

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This episode was published on January 21, 2026.

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Allegations of politically motivated “debanking” have intensified debate over how federal regulation, supervisory practices, and concerns about “reputation risk” influence banks’ decisions about which customers to serve. In recent months, the...

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