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Re: FOFreddie post# 742533

Monday, 12/19/2022 7:12:24 PM

Monday, December 19, 2022 7:12:24 PM

Post# of 792660
In theory, the court could vacate the NWS based on the unconstitutional Seperation of Powers violation as demonstrated by the recent CFPB decision in the 5th. The pro 5th Circuit states in their Amicus Brief to the USSCT quoted J. Jones:

"The only remaining question would then be the
remedy. The Fifth Circuit was right to vacate a rule
enacted without constitutional funding. “An agency’s
funding is the very lifeblood that empowers it to act.”
CFPB v. All Am. Check Cashing, Inc., 33 F.4th 218, 241
(5th Cir. 2022) (Jones, J., concurring). "