Fannie Mae (FNMA)

[Robert from yahoo bd]

"Justice Gorsuch asks if a constitutionally appointed director could later ratify the past arrangement. Thompson charges that the government cannot just time travel back when the underlying rationale has been exposed as invalid eight years later."

"Justice Kavanaugh says that the solicitor general stated the court has subjected structural constitutional claims to the general law of remedies, and courts may deny relief based on a variety of principles. What that shows is that vacating the challenged action is permissible but not necessarily mandatory. Thompson states that these principles do not apply here because petitioners brought this case under the APA: “when the APA says ‘shall set aside’ with due account for the rule of prejudicial error, that sweeps aside these equitable doctrines and tells this Court that it shall set aside.” Responding to follow-up questions, Thompson also states that petitioners do not believe Seila Law created a “sliding scale” based on the significance of the executive power, nor would this case require a redo of the framework in Seila Law as it applies to multi-member agencies."