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Sunday, January 08, 2017 9:04:03 AM
I have not studied Judge Kavanaugh's opinion in any detail, so I can only offer a visceral reaction to your question that would be my opinion, only.
I think it would be extreme to cite a Constitutional defect in FHFA's organizational structure as an automatic invalidation of any and every decision made since the agency's inception. Unless cause could be shown that a single director structure altered an outcome detrimental to plaintiffs, I see the PHH decison as more influential on the issue of whether the POTUS has legal empowerment to discharge FHFA Director Melvin Watt, if he so chooses.
That's all just opinion on my part.
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