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Friday, October 02, 2020 8:13:50 PM
Also, it appears the Nationalization of the gses was something UST wanted prior to 2008, as TH pointed out in his Amicus Brief. All this stuff takes time to Discover. ESPECIALLY WHEN THE US FEDERAL GOVERNMENT USES EVERY TRICK IN THE BOOK TO CONCEAL IT!
It's not really a simple constitutional concept, did you see the separation of powers problem with HERA in 2008?
The problem is what is the appropriate remedy for not having a fireable at will FHFA Director, they could remand back to the 5th Circuit to decide if the NWS was ratified by an uninsulated FHFA Director, like in Seila.
Or, and I see this as a good possibility, they could say since it was an APA violation by an unconstitutionally insulated federal agency director, the NWS is void ab initio.
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