Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

Justice Gorsuch on the remedy granted to the Collins Plaintiffs:

"Instead of applying our traditional remedy for constitu-
tional violations like these, the Court supplies a novel and
feeble substitute. The Court says that, on remand in this
suit, lower courts should inquire whether the President
would have removed or overruled the unconstitutionally in-
sulated official had he known he had the authority to do so.
Ante, at 35. So, if lower courts find that the President would
have removed or overruled the Director, then the for-cause
removal provision “clearly cause[d] harm” and the Direc-
tor’s actions may be set aside. Ibid."

As ROLG pointed out today in his initial quick take, the 5th Circuit is not a big fan of what the government did and may be inclined to rule that the BO thought he couldn't fire DeMarco and therefore the SOP violation did cause compensatory harm to the Plaintiffs.