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Wednesday, April 05, 2023 12:58:42 PM
"It is plainly constitutional, and Plaintiffs’ contrary assertions have no support in constitutional text, doctrine, or judicial precedent."
Here's the 2 issues up for debate in the Collins case, according to the FHFA:
"STATEMENT OF THE ISSUES
1. Whether Plaintiffs are entitled to a mandatory injunction commanding
FHFA and Treasury to wipe out Treasury’s nearly $300 billion liquidation
preferences, based on a theory that the unconstitutional removal restriction impeded
a former Presidential Administration from pursuing financial reforms that Plaintiffs
hypothesize might have included such a step.
2. Whether Plaintiffs’ newly added claims under the Appropriations
Clause are foreclosed, either because they are beyond the scope of the limited
remand that governed the district court proceedings or outside the statute of
limitations. If not, whether the funding mechanism Congress enacted for FHFA—
consisting of financial assessments on regulated entities—comports with the
Appropriations Clause, and whether any alleged violation would provide a basis to vacate the Third Amendment when neither the money for Treasury’s infusions to the
Enterprises nor the money for the Enterprises’ dividends to Treasury come from the
funding mechanism alleged to be unconstitutional."
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