Fannie Mae (FNMA)

[Robert from yahoo bd]

An agency action can be legal (e.g., the NWS) but if it is Unconstitutional it can be overturned. That's why Collins is still being litigated in the 5th Circuit, to decide if any relief for shareholders could occur because of the Constitutional Seperation of Powers violation.

In WV v EPA last June, the EPA decision on the types of air quality particulate matter spewing from the nations utilities smokestacks may or may not be legal.

But IT DOESN'T MATTER BECAUSE IT VIOLATES THE US CONSTITUTION'S SEPERATION OF POWERS!

You feel me, Bro? HeeeeHeeee !

https://www.skadden.com/insights/publications/2022/09/quarterly-insights/west-virginia-v-epa

"The Court’s approval of the “major questions” doctrine signals a willingness to realign separation of powers in ways that restrict the administrative state. The Court’s distrust of agency action, combined with its interest in reviving the nondelegation doctrine, is something for businesses to watch."

"Many litigants will rely on the major questions doctrine to challenge actions by federal agencies, but the argument won’t always gain traction."

"Many litigants will be able to argue that a given agency action is politically divisive, affects the national economy, breaks from the agency’s past practices or strays from what the West Virginia Court called the agency’s “traditional lane.” Lower courts may view this as an “I know it when I see it” test, leaving the validity of a given agency action to the eye of the beholding judge."