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Tuesday, April 04, 2023 3:30:39 PM
The Collins Plaintiffs final Reply Brief is due later this month, I believe.
Since the UST is arguing on Page 44 of its brief that: "B. FHFA’s Funding Mechanism Satisfies the Appropriations
Clause." and the validity of the Funding Mechanism for the CFPB is under review by the SCOTUS, it may be more efficient from a limited judicial resources perspective for the 5th Circuit Appealate Court to wait and see if the SCOTUS creates Precedent on the Appropriations Clause Issue in the CFPB case.
Just speculation on my part.
In other words, why hold oral arguments on the Collins Appeal when an issue to be argued has NOT yet been determined by the SCOTUS?
The SCOTUS sets Precedent for ALL federal and state courts.
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