Followers | 45 |
Posts | 7114 |
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Alias Born | 07/18/2020 |
Friday, September 25, 2020 10:24:40 PM
"Because FHFA is unconstitutionally structured,
it has lacked authority to act throughout the entire
decade of its existence. And because FHFA has by this
time taken a multitude of unauthorized actions,
devising an equitable remedy for those injured by
FHFA’s actions may be a complicated task. But its
complexity should not be an excuse for providing no
retrospective relief. For one thing, denying all such
relief provides precisely the wrong incentives for
government actors. Congress will have no incentive to
avoid creating administrative-agency structures that
violate separation-of-powers principles if it concludes
that courts will do no more than tell the government,
“Don’t do it again.”"
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