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Re: Donotunderstand post# 748499

Wednesday, 02/15/2023 10:05:37 AM

Wednesday, February 15, 2023 10:05:37 AM

Post# of 797319
“I thought Collins is where we got the split jury decision and will move to round two of trial?”

No the split-jury occurred in a case with consolidated plaintiffs where the only remaining claim is breach of the implied covenant of good faith —a contract claim. A second trial will occur in that case soon.

Collins v Yellen is the case the plaintiffs got 2 claims to SCOTUS, but was remanded back to district court to determine on the Removal Clause claim if Ps suffered “compensable harm”. The district court summarily dismissed this claim on a procedural basis, opining that proving such harm was a futile effort.

Collins Ps have now appealed again to the Fifth Circuit. And in the wake of the Fifth Circuit’s panel opinion in CFSA V CFPB, Ps have mirrored the CFSA constitutional claim by arguing a new claim: FHFA’s self-funding structure as an independent agency violates the Appropriations Clause.