Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

“4617(a)(7)…”

The Anti-Injunction clause (“AIC”) does not bar constitutionally-based claims.
No case has held that it does so.

The AIC does bar non-constitutional claims, as long as the Agency exercises (rather than exceeds) its statutory power.

If you are asking why Congress can limit courts in the latter situation, the answer I can best give is that history and precedent support it, particularly since the Chevron case in 1984. But it is not without criticism.

It’s a situational power-chisel. Most of all it illuminates just how deeply embedded judicial deference to Agencies has become in different ways, affecting everyday life. And…It gets worse. POTUS has tested the limits of this thru Executive Orders. In the end, SCOTUS reveals its jurisprudential tendency (of the day) by deciding to *not hear* certain challenges or to relegate them to the shadow docket. It’s a fairly-hot hot-mess.