Fannie Mae-No Politics (FNMA)

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Hundreds of hours is hardly any time at all

Three Views of the Administrative State: Lessons from Collins v. Yellen
Aaron L. Nielson*
Introduction
As I was preparing for oral argument in Collins v. Yellen,1 the thought came to me that David Thompson—counsel for the plaintiffs—had a tough job. I had spent hundreds of hours on just the constitutional aspect of this enormous case. Thompson, however, had two addi- tional issues to cover: a complex statutory argument and an important remedial argument. Thompson is a world-class lawyer and was able to handle each issue skillfully, but even so, it is challenging to argue essentially three cases at once. Yet to understand Collins—and, indeed, key aspects of the administrative state—one needs to view all three parts at the same time: the statutory debate, the constitutional ques- tion, and the remedy.