Sunday, September 19, 2021 6:30:25 PM
The FHFA is unconstitutionally structured as "for-cause" must now be replaced by "at-will" per SCOTUS order
The next question that arises is then, can "for-cause" be removed from HERA when it is now "at-will" removal.
The president now has the power to nominate a new director any time, so the director must obey the president or he/she will get fired, but it is even more bizarre the president now has 2 options to circumvent the constitution
1) INSTALL an acting director that is shielded from judicial review
2) Nominate a director (and ones confirmed by the senate) who is shielded from Judicial review
so whatever the president wants to do with the companies, the director is able to do it per HERA, this is not possible per the constitution as the president's power is only to administer, and all actions the president does should have a possibility to be questioned in court, well in HERA the president now has the power to do whatever pleases him and it cannot be questioned court, something that is not legal per the separation of powers
Then if you look at the powers 4617(f)(judicial power), it was the sole basis on which the APA claim failed, hmmm
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