What bothers me the most is that you've got to ask yourself how does one unelected Bureaucrat, DeMarco, with zero analysis of the alternatives decide to Nationalize 2 of the largest private corporations in the world?
I realize that you're focused on drumming up new buyers for the Fulcrum Security so you post here. Good luck with that.
If a Shareholder is going to challenge the agency action here, the 5th Circuit is a good forum to have it heard initially, don't you agree?
From todays WP: "The U.S. Court of Appeals for the 5th Circuit in New Orleans has long leaned conservative. But the arrival of a half-dozen judges picked by President Donald Trump - many of them young, ambitious and outspoken - has put the court at the forefront of resistance to the Biden administration's assertions of legal authority and to the regulatory power of federal agencies. Their rulings have at times broken with precedent and exposed rifts among the judges, illustrating Trump's lasting legacy on the powerful set of federal courts that operate one step below the Supreme Court. Even some veteran conservatives on the court have criticized the newcomers for going too far.
Four of the six new judges have worked for Republican politicians in Texas, and some are seen as possible contenders for a future opening on the Supreme Court if a Republican is elected president. With their provocative, colloquial writing styles, the judges are elevating their profiles in far-reaching opinions and public appearances, calling out "cancel culture," wokeness and sometimes even one another.
"Any school that refuses to stand up against cancel culture - and instead caters to it, and even engages in it - is not a school that is interested in educational diversity. And it's not a school I want to have anything to do with," Judge James C. Ho wrote in an article explaining his proposed boycott on hiring Yale Law School students as law clerks because of concerns about free speech on the campuses of elite institutions.
The 5th Circuit reviews appeals from Texas, Mississippi and Louisiana, working from a converted, historic post office building in downtown New Orleans. Besides the expansive geographic area the court covers, it has outsize influence in part because its judges preside over a steady flow of politically potent challenges to the Democratic president filed by aggressive, conservative state attorneys general.
Liberal organizations often challenged Trump's policies in Northern California courts, where most judges were picked by Democrats. But conservatives who strategically file lawsuits against the Biden administration in Texas have an even clearer advantage: They can almost guarantee initial review by a conservative judge and then appellate review by the 5th Circuit, where the Trump picks are routinely the dominant voice.
"These are the most conservative federal judges in the country having cases specifically brought so that they can decide them at a time when the Supreme Court is reversing some of their decisions, but not all of them. There's nothing to lose," said Steve Vladeck, a University of Texas School of Law professor whose analysis of "judge shopping" in Texas was the subject of a recent brief filed in advance of a Supreme Court case.
Alexa Gervasi, a former 5th Circuit law clerk who directs the Georgetown Center for the Constitution at Georgetown Law, said it is no surprise that the court is issuing noteworthy rulings in so many significant cases. "The reason it seems like there's so much fire coming from the 5th Circuit is that they are getting really divisive cases," said Gervasi, who also has practiced before the court. "If you send controversial cases to the 5th Circuit, you're going to get controversial opinions."
Trump's imprint and legacy
Before he left the White House, Trump set a one-term record by successfully installing more than 220 federal judges, after years in which then-Senate Majority Leader Mitch McConnell (R-Ky.) stalled nominees put forward by President Barack Obama.
Of the 17 full-time spots on the 5th Circuit bench, 12 are held by judges nominated by Republican presidents and four by judges picked by Democratic presidents. One seat remains unfilled by Biden. The appeals courts almost always hear cases in three-judge panels drawn mainly from the court's full-time judges, making the odds of having more than one Democratic pick on any panel unlikely. Only the St. Louis-based 8th Circuit has a higher percentage of judges nominated by Republican presidents, according to statistics compiled by Russell Wheeler at the Brookings Institution.
Aaron Streett, a Houston-based lawyer who practices before the 5th Circuit and was a law clerk to Chief Justice William H. Rehnquist, said the new judges are at the "leading edge of originalist and textualist ideas percolating up in law reviews and conservative public-interest law firms."
"You've got really bright, creative judges who are talented writers and popularizers of these jurisprudential principles," Streett said, adding that they are willing to take what the Supreme Court has said in the past decade and "apply those decisions to their fullest logical extent."
Last fall, a trio of Trump judges ruled that the watchdog Consumer Financial Protection Bureau, long a target of Republican lawmakers, is unconstitutionally funded - jeopardizing enforcement actions by the agency, which was created by Congress in response to the 2008 financial crisis. The ruling went beyond an earlier Supreme Court decision, which found the agency's structure problematic but did not say its funding authority was invalid."
"The Bureau's perpetual self-directed, double-insulated funding structure goes a significant step further than that enjoyed by the other agencies on offer," wrote Wilson, joined by Willett and Engelhardt.
Within days of the 5th Circuit's decision, defendants in other CFPB enforcement actions asked the court to dismiss claims against them. The Justice Department has asked the Supreme Court to intervene."
