Wednesday, February 09, 2022 8:23:43 PM
May I add that SCOTUS in many eyes got the ruling wrong? Or did they really mean this.
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Then apart from the fact that the SCOTUS ruled the structure is unconstitutional, another problem occurs, if the president controls the director of the FHFA absent 4512(b)(2), it cannot forbid Judicial review on his actions in 4617(f) but if it cannot forbid judicial review the APA could not have failed in SCOTUS, as the SCOTUS said relief is prohibited by HERA 4617(f)
This can be compressed to following problems in Collins/Bhatti/Rop/Wazee
12 U.S.C. § 4512(b)(2) violates 44 U.S.C. § 3502(b)(2) “board”
12 U.S.C. § 4512(b)(2) violates 12 U.S.C. § 4511(a) “independent”
12 U.S.C. § 4512(b)(2) violates 12 U.S. Code § 4516(f)(2) “Not Government funds”
12 U.S.C. § 4512(b)(2) violates 12 U.S.C. § 4617(a)(7) “FHFA not subject to any agency”
12 U.S.C. § 4512(b)(2) violates 12 U.S.C. § 4617(f) “no judicial review possible”
The problems plaintiffs in these cases identified are of course limited, but there are multiple other problems the FHFA faces with other provisions and authority, cutting corners however is not possible
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We are at point A, and point E is the finish line. But we can't award you point E as the lower courts must be involved and rule accordingly as well. So head back to the 5th court sort out point B. Other law suits are working on point C and D and latter down the line we will all arrive back here to sort out point E
Someone pass me a another beer, this is going to take a while
Retired at 47, Life's Good thanks to trading.......
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