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Sunday, March 08, 2020 1:41:08 PM
Remember the below for the ACA without a tax is unconstitutional district ruling - now coming to a SCOTUS near you
In my understanding this is correct law
I think that by far the most likely outcome is that the Supreme Court upholds what the Fifth Circuit en banc panel did: change the FHFA director's removal clause from "for cause" to "at-will", but leave the rest of HERA intact. All this stuff about HERA lacking a severability clause is irrelevant because the Supreme Court is under no obligation to strike down an entire statute when part of it is deemed unconstitutional, even when there is no severability clause.
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