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Tuesday, September 10, 2019 4:54:35 PM
I'm amazing at all the guessing going on this board and all the BS stories. You explained it. Even if SCOTUS did hear the case, Counts 1 & 2 ruling is within the constitution.
http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf
Count 2, this is what the Gov would go after. But again
Count 2
Second, the Shareholders argue that FHFA lacked authority to adopt the
Third Amendment because its Director was not removable by the President.
We adhere to the panel’s reasoning and conclusion that FHFA’s design, an
independent agency with a single Director removable only “for cause,” violates
the separation of powers.5 In Parts VII–VIII of this opinion, a majority of the
en banc court holds that the Director’s “for cause” removal protection is
unconstitutional.
5 Id. § 4512(b)(2).
6 Chief Judge Stewart, Judge Dennis, Judge Owen, Judge Southwick, Judge Graves,
Judge Higginson, Judge Costa, and Judge Duncan join Judge Haynes’s constitutional remedy
opinion.
SCOTUS will not over turn this ruling! It's never happened before in any case I've looked into. Thats 9 judges clear judgement on the Constiution
Page 6
B
A single Director leads FHFA.14 He is “appointed by the President, by
and with the advice and consent of the Senate.”15 The Director serves a term
of five years, “unless removed before the end of such term for cause by the
President.”16 The Director designates three Deputy Directors.17 In case of a
vacancy in the Director office, “the President shall designate [one of the Deputy
Directors] to serve as acting Director until the return of the Director, or the
appointment of a successor.”1
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