Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

That's right, I don't think anyone has brought up the Major Questions Doctrine in ANY of the cases!

Family mang and No Name are misplaced in their thinking that the 2021 Bhatti 3 Judge Appealate Panel Decision means that ALL cases in ALL federal Circuits that claim a Nondelegation Doctrine violation won't work. Besides the Major Questions Doctrine can also be viewed as a Seperation of Powers case, since the US Congress and NOT UNELECTED BURAUCRATS need to decide Major Questions of Economic and Political Importance.

THERE'S ONLY ONE WAY TO KNOW FOR SURE THOUGH !

"From this perspective, the major questions doctrine has more to do with the Steel Seizure case and its concerns over unsanctioned executive action than with the nondelegation doctrine. None of these statements directly address the major question doctrine."

https://www.yalejreg.com/nc/synposium-shane-democracy-chief-executive-07/#:~:text=From%20this%20perspective%2C%20the%20major,than%20with%20the%20nondelegation%20doctrine.&text=None%20of%20these%20statements%20directly%20address%20the%20major%20question%20doctrine.

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"By now most have heard of the landmark Supreme Court case West Virginia v. EPA, 597 U.S. _, 2022, which—with Chief Justice Roberts delivering the Court’s opinion—clarified and cemented a new rule of statutory interpretation called the “major questions doctrine” (MQD). This prudential doctrine requires that an agency point to a “clear congressional authorization” when claiming authority from a statute. It is unclear at this time how frequently litigants and lower courts will employ this doctrine, which the Supreme Court devised to address a “recurring problem” of agency overreach, or whether the test will come up only in “extraordinary cases.” While the Court declined to articulate a specific standard for the lower courts to follow, it is possible to glean the contours of the doctrine from the majority opinion and concurrence.

Chief Justice Roberts held that the Clean Power Plan was a major question in West Virginia v. EPA because it involved a “transformative expansion” of the EPA’s regulatory authority, which stemmed from an infrequently used provision of the Clean Air Act, and because the plan had the potential to affect many aspects of national policy involving subjects outside the EPA’s traditional realm of expertise. Ultimately, the opinion holds that: “A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.” One can glean that the MQD might apply where an agency’s new policy or rule will have a significant impact on the economy or national policy and springs from an enlargement of an agency’s power or growth in a new area of regulation, or if the agency’s use of the statute is novel."

https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2022-2023/january-february-2023/the-major-questions-doctrine/

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"The “major questions doctrine” used to be a narrow exception to federal courts’ traditional deference to regulatory agencies in interpreting the statutes they administer. But now, the exception has swallowed the rule, and courts appear ready to apply it to any case of importance, instead of only those that are “extraordinary.”

The result will likely be a restriction on federal agency power to act, and has the potential to create a dramatic shift in power from the executive to the judiciary.

More Topics Described as ‘Significant’

Research of Bloomberg Law’s federal docket filings, searching for the phrases “economic and political significance” or “economic and political magnitude,” shows that the use of these phrases in docket filings preceded the use of “major questions doctrine,” but also that the use of all three phrases has drastically increased in recent years."

"...the trend toward increased court approval of this doctrine, fueling litigants’ willingness to argue it, is clear."

"From arguments in briefs to trial court rulings, and all the way to the nation’s highest court, the major questions doctrine is a hot topic. "

https://news.bloomberglaw.com/bloomberg-law-analysis/analysis-the-significance-behind-the-major-questions-quandary