Tuesday, December 20, 2022 4:04:31 PM
It would mean that every challenged action while an agency violated the appropriations clause would be vacated. In the Collins FHFA case, this would be the NWS. Also in both the Collins en banc and SCOTUS rulings, the majority had an extremely difficult time trying to distinguish FHFA from CFPB, SCOTUS even cited that both don't receive funding from the normal appropriations procedure. So as long as SCOTUS affirms the 5th circuits CFPB ruling + remedy, and 5th circuit finds no reason to distinguish FHFA from CFPB in re: approprations, this has the potential to be a huge win for shareholders.
SCOTUS may "inadvertently" grant us a win by affirming the 5th circuit ruling.
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