Thursday, July 09, 2020 1:12:09 AM
This really does not matter after CFPB ruling. SCOTUS has clearly enunciated the valid criteria for independent agencies. These criteria alone are enough to abolish HERA and FHFA.
A 100% executive agency like FHFA should never have the protections of 4617(f) or any exemptions from judicial review. Plaintiffs should be seeking to invalidate HERA completely.
Irrespective of Collins case, the plaintiffs in other lawsuits must be reviewing their cases and preparing to file revised filings after CFPB ruling.
If SCOTUS takes up the case then it is definitely not good for FHFA conservator. But even if it does not take up the case, then not much is lost.
Now judge Lamberth can not complain about Congress for bad law. If judge Lamberth were to use the SCOTUS enunciated criteria in his first ruling, then FnF would been free from lawless conservatorship long time back.
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