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Wednesday, April 28, 2021 9:51:08 PM
Only trial level courts weigh the evidence to come to a decision on the merits of a Plaintiffs Complaint.
Apeallate courts, here the 5th Circuit 3 panel Judge ruling and the subsequent 5th Circuit En Banc 16 Judge ruling, DECIDE MATTERS OF LAW NOT FACTS!
The SCOTUS and all the Apeallate Courts in the 5th Circuit are simply answering the questions of LAW presented to it on appeal, i.e., (1) Is the single member head of the FHFA Unconstutional and if so, would that invalidate the nws, HERA in its entirety (a bulldozer) or just strike the Constitutionally offensive provision and REWRITE HERA ADDING A AT WILL FIRING BY THE POTUS INTO HERA (a scalpel approach to severability analysis that will likely prevail). (2) Under the Administrative Procedures Act should an ultra vires act (like the nws) be invalid? Also, the SCOTUS is likely to put to rest the questions of whether the anti-injunction provision and the shareholders direct versus derivative positions prevent the Collins Plaintiffs from a meaningful remedy.
The SCOTUS in analyzing the Constitutional Claim presented by the Collins Plaintiffs could take a hard look at Humphreys Executor (a case decided post FDR'S New Deal, when FDR threatened to PACK THE COURT-sound familiar?) AND POSSIBLY OVERRULE HUMPHREYS EXECUTOR as Justices Thomas and Gorsuch mentioned in their Seila Law opinion. Which may or may not have been the reason they granted a Writ of Certiorari in both Seila Law and Collins in October 2019.
As you can see, some heady legal stuff that could last for generations to come, add to that the Severability Analysis of both Collins AND California v Texas (the ACA Case-where Texas wants to use a bulldozer on OBama Care/ACA) and how they need to be distinguished or alike in their rulings, and May or June seems likely for a ruling.
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