Fannie Mae-No Politics (FNMA)

[Havoc5]

In Count IV, they allege FHFA violates Article II, §§ 1 and 3 of the Constitution because, among other things, it is headed by a single Director removable only for cause.


.
.
.
.
Only a “heightened showing” in the statute may be interpreted to “deny any judicial forum for a colorable constitutional claim.”231 Here, the succession provision does not cross-reference the Administrative Procedure Act’s general rule that agency action is reviewable.232 It does not directly address judicial review at all. This is not the kind of “heightened showing”233 or “ ‘clear and convincing’ evidence”234 required for Congress to deny review of constitutional claims.

VIII

The Shareholders are entitled to judgment on Count IV.