Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

Isn't this what you and everyone else wants, to invalidate an agency decision? That's what happened in the 5th Circuit Appealate Panel Decision: "To begin, the Bureau mischaracterizes the Fifth
Circuit’s judgment. The court did not “invalidate”
any part of the statute. Rather, the relief requested
and granted was to vacate the Rule because the
statutory authorization of funding that allowed the
Bureau to promulgate the Rule is unconstitutional.
Pet.App. 46a. Regardless of what “severability
analysis” implies about the Bureau’s funding going
forward under the Act, it cannot retroactively change
that the Bureau promulgated the Rule in 2017 only
by spending funds that were not constitutionally
appropriated under the Act as written.

In addition, the Bureau mischaracterizes the Fifth
Circuit’s reasoning. It suggests the decision may
have turned on ancillary provisions in Section 5497.
See Pet. 24. But the court made clear that those
provisions just “underscore” the flaw inherent in this
“egregious” “funding scheme.” Pet.App. 36a & n.14.
The holding rests on three key features of the
scheme: it is (1) “self-actualizing” and “double-
insulated,” Pet.App. 33a-36a; (2) “perpetual,”
Pet.App. 36a & n.14; and (3) funding a “capacious
portfolio” of executive powers, Pet.App. 37a. Accord
Pet.App. 40a-41a (reiterating these factors, “[t]aken
together”); supra at Part I.B."

"The Fifth Circuit
instead properly applied “the negative power to
disregard an unconstitutional enactment,” Seila
Law, 140 S. Ct. at 2211, holding that Section 5497
did not validly appropriate the funds used by the
Bureau to promulgate the Rule, Pet.App. 44a"