Fannie Mae (FNMA)

[ano]

Everybody is waiting on Collins, if an agency is unconstitutional its actions are void, so it must be determined if the provision is severable from the remainder of HERA, logically this influences all lawsuits as when the current FHFA structure is void no other question can be answered by the judges as the initial authority given was unconstitutional

The 5th circuit already gave its opinion and that is basically the same as the SCOTUS opinion, the 5th held that the 3rd exceeded FHFA’s statutory powers, while SCOTUS said relief is prohibited, but the SCOTUS also said the "for cause" provision is unconstitutional, this last provision however will also have a consequence for the 3rd amendment the Remand to the district court Judge Atlas must follow the SCOTUS instruction and do something with the provisions, whatever she does, it means trouble for the government as now HERA is violating the constitution because of the SCOTUS opinion

The SCOTUS also held that the 4th amendment ended the 3rd amendment and because of the 4th amendment plaintiff are not entitled to prospective relief, but the 3rd did not end so plaintiffs are entitled to prospective relief

So when Atlas gives retrospective relief the 3rd amendment must be ended as otherwise it violates the SCOTUS opinion and plaintiffs would have been entitled to prospective relief

Regarding the separation of powers issue - are you saying that the DC Circuit is relying on the Atlas opinion before SCOTUS overturned the 5th Circuit and ruled that the FHFA was UNCONSTITUTIONAL?

With the REMAND -didnt the 5th Circuit En Banc leave the issue of retroactive relief open and undecided until the District Court rules on the factual issues?