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Wednesday, February 08, 2023 2:09:10 PM
The question presented is whether the challenged
decisions of the “Acting” FHFA Director should be
vacated because the Constitution does not permit the
President to designate an “acting” official to exercise
the powers of a principal officer indefinitely without
the advice and consent of the Senate.
This is that MENTAL GIANT, EDWARD J. DEMARCO WHO GAVE AWAY ALL OF THE GSES PROFITS INTO PERPETUITY IN RETURN FOR NOTHING!
"He served for
over four years—longer than a Presidential term,
longer than the average tenure of a Cabinet secretary,
and longer than the service of exceptional ones, such
as Thomas Jefferson’s time as Secretary of State. He
was never nominated by the President. He was never
confirmed by the Senate. Yet the whole time this
“Acting” Director exercised significant authority of the
United States. The issue in this case is whether such
an end-run around the Appointments Clause is
constitutionally permissible. It is not.
The Sixth Circuit held that it is. In doing so, the
court determined that Congress could “authorize[]” an
acting official “to serve indefinitely via statute.” Pet.
App. 47 (Thapar, J., concurring in part and dissenting
in part). Such a holding renders the Appointments
Clause an empty formality, splits from other circuit
authority, disregards this Court’s precedents, and
establishes a dubious standard during an era when
the Executive’s reliance on “acting” officials has grown
precipitously.
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