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Saturday, October 24, 2020 12:39:13 PM
Page 23, second paragraph.
As to that dispute, this Court should affirm the court
of appeals. The en banc majority correctly held that the
statutory restriction on the President’s power to remove the FHFA Director violates the separation of powers, 19-563 Pet. App. 56a-58a (Pet. App.), but that the restriction can be severed from the rest of the statute, id. at 65a.
If I understand correctly the Treasury does not dispute the constitutional power to remove the director, only arguing against the 3rd amendment, NWS.
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