Fannie Mae-No Politics (FNMA)

[obiterdictum]

Hi Dax1,

1. There is not much thought about this. The letter is a straightforward request to the en banc panel via the Clerk of Court to consider a new position and argument taken by the FHFA and its leadership (Mark Calabria).

In a letter dated July 9, 2019, FHFA informs the court that the new FHFA leadership (confirmed on April 4, 2019), reconsidered an issue and now asserts that the FHFA structure as given in HERA along with its for-cause removal provision is constitutional (see letter below). The FHFA requests the en banc panel to consider this change.

This position is in contradistinction to the previous position held and arguments made during the period from January to April 2019. At that time, the FHFA, under the interim Director Otting, withdrew the effort to defend the constitutionality of the FHFA's independent agency structure during en banc briefs and arguments.

During 2017 and 2018, and prior to Otting's change in FHFA's argument and position on the constitutional issue, Mel Watt's FHFA defended the FHFA structure as given in HERA along with its for-cause removal provision as constitutional.

So, the new FHFA Director has taken the same position and arguments held and made during 2017 and 2018 and requests the court to specifically follow those positions and arguments as cited in the letter.

As stated in the Appellees letter, the previous FHFA arguments made for the validity of the Third Amendment as found in the FHFA briefs, petition, and en banc argument were not altered. The new position on the constitutionality of the FHFA's independent agency structure simply reverts to the previous arguments made and positions held prior to Otting's interim leadership.

2. Yes, such a letter, citation of supplemental authorities and supplemental briefs can be submitted after oral arguments and before a decision.

Source:
Filing July 9, 2019 Letter to the Court
https://www.courtlistener.com/docket/6179579/patrick-collins-v-steven-mnuchin-secretary/

FHFA July 9, 2019 Letter to the Court

#fanniegate @MarkCalabria changed @FHFA position on constitutionality in Collins case. pic.twitter.com/rNoMHXhypv

— standfortruth (@JaredALevine) July 9, 2019

FEDERAL RULES OF APPELLATE PROCEDURE WITH FIFTH CIRCUIT RULES AND INTERNAL OPERATING PROCEDURES
http://www.ca5.uscourts.gov/docs/default-source/forms-and-documents---clerks-office/rules/federalrulesofappellateprocedure.pdf