Friday, July 10, 2020 12:40:58 AM
Mnuchin v. Collins
(1) Whether the statute’s anti-injunction clause, which precludes courts from taking any action that would “restrain or affect the exercise of powers or functions of the Agency as a conservator,” 12 U.S.C. 4617(f), precludes a federal court from setting aside the Third Amendment.
2. Whether the statute’s succession clause—under which FHFA, as conservator, inherits the shareholders’ rights to bring derivative actions on behalf of the enterprises—precludes the shareholders from challenging the Third Amendment.
consolidated with
Collins v. Mnuchin
(1) Whether the Federal Housing Finance Agency’s structure violates the separation of powers; and
(2) whether the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent.
Clearly these questions are broad scope to render HERA and FHFA meaningless.
FHFA's claim of broad executive/regulatory powers without any checks and balances is good enough cause for SCOTUS to rule against FHFA and turn paper tiger FHFA into harmless sleepy Gov agency.
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