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Re: Achilles deFlandres post# 743737

Thursday, 01/05/2023 4:45:32 PM

Thursday, January 05, 2023 4:45:32 PM

Post# of 751926
In Collins, we won unanimously on the Constitutional Seperation of Powers issue (the Insulated FHFA Director) but lost on the statutory claim: "Instead, we conclude only that under the terms of the Recovery Act, the FHFA did not exceed its authority as a conservator, and therefore the anti-injunction clause bars the shareholders’ statutory claim.


We now consider the shareholders’ claim that the statutory restriction on the President’s power to remove the FHFA Director, 12 U. S. C. §4512(b)(2), is unconstitutional."

So if the current round of litigation is unfruitful we could initiate another legal claim based on the Major Questions Doctrine.

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