Louie Here is my Collins summary thru SCOTUS '21.
Ps Case CLAIMS
(1) FHFA exceeded its HERA Conservator powers, via the NWS; Ps demanded relief under the Administrative Procedures Act, 702 ("statutory claim") which mandates that courts "shall set aside" the action (NWS reversal).
(2) FHFA's structure under HERA violates the separation of powers ("Constitutional claim"); Ps demanded reversal of the NWS to-date.
I.
The District Court dismissed the Statutory claim and granted summary judgment in the FHFA's favor on the Constitutional claim.
IIa.
The Fifth Circuit "Panel" (3 judges) issued an opinion but it has been vacated (no precedential value).
IIb. Fifth Circuit En Banc:
(1) Reversed the District Court's dismissal of the statutory claim and found FHFA exceeded its powers, and, that Ps were entitled to Summary Judgment; however remedy was limited to injunctive relief (not NWS reversal); and
(2) Affirmed 9-7 that HERA violated separation of powers, but limited Ps remedy to just severance of the removal clause, and not vacating and setting aside the NWS.
III. SCOTUS
(1) Reversed the En Banc statutory claim opinion, holding (9-0) FHFA acted within HERA powers via the NWS [explanation omitted for brevity].
(2) Affirmed HERA removal clause does violate separation of powers, but holding (7-2) only for actions by a fully appointed Director. Thus the NWS was not reversible. But, later NWS actions could be reversible if (A) Taken by a full Director *and* (B) facts show the clause actually precluded POTUS from his duty to uphold execution of law
[Note: SCOTUS furnishes no definition or rule that to apply to meeting part B of this new '2 stepper'; instead, Alito lists 3 hypotheticals, stronger to weaker, suggesting persuasive strength along similar lines]
