Sunday, October 04, 2020 10:26:06 PM
"The FHFA, on the other hand, is firmly outside the executive realm’s boundaries. The FHFA has also, as has been opined in the 5th circuit, went beyond well established conservator law. Does SCOTUS crush HERA? Do they make the director removable “at will” by POTUS? What is the appropriate remedy?"
1. If SCOTUS wants to make a political statement then it will change HERA and make it constitutional even though there is no severability clause in HERA.
2. If SCOTUS wants to interpret the laws and decide cases based on the text of the constitution as written, then HERA/FHFA has no place in our present system.
3. As a compromise SCOTUS can reinterpret HERA to conform to constitutional laws. This requires lot of convoluted thinking.
1. If SCOTUS wants to make a political statement then it will change HERA and make it constitutional even though there is no severability clause in HERA.
2. If SCOTUS wants to interpret the laws and decide cases based on the text of the constitution as written, then HERA/FHFA has no place in our present system.
3. As a compromise SCOTUS can reinterpret HERA to conform to constitutional laws. This requires lot of convoluted thinking.
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