Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

I don’t think Seila or Collins had enough tools to deploy a bulldozer, per se. But the looming issue of FHFA self-funding outside of Appropriations will likely merit further and closer appellate review if the Court agrees to hear CFPB v CFSA (which I think is about 80% likely).

That said, *a better scalpel* in Collins could have (and should have) been wielded by SCOTUS. IMO, Gorsuch still has the best idea for Removal remedy because it uses the same rule as in Appointments cases. I don’t see a meaningful reason to differentiate the two types of cases. Alito’s rule, albeit novel, is a wrong turn onto Subjective Street.