Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

Mo MQD (please, no eye rolling! HeeeeHeeee! !) analysis from Fridays Barrett solo Concurring Opinion. This leads me to the proposition that HERA never gave Demarco the power to Nationalize the GSES and therefore the NWS should be reversed:

"Barrett pivots to context in a move that mirrors Ilan Wurman’s work (channeling Ryan Doerfler) on the MQD. By context, she means that there are basically two things supporting the MQD. One is a descriptive claim about how Congress operates; it doesn’t use underdetermined and ancillary statutory text to greenlight agency actions of political or economic significance. We’ll call that the MQD’s descriptive claim. Second, you have a theory of language. Ryan has written about this; it’s basically the idea that we would expect principals to speak clearly if they were telling their agents to do something big. In a nutshell, it’s the empirical claim that folks don’t empower their agents to do some high-stakes without speaking clearly. Barrett illustrates this herself with an example:

Consider a parent who hires a babysitter to watch her young children over the weekend. As she walks out the door, the parent hands the babysitter her credit card and says: “Make sure the kids have fun.” Emboldened, the babysitter takes the kids on a road trip to an amusement park, where they spend two days on rollercoasters and one night in a hotel. Was the babysitter’s trip consistent with the parent’s instruction?"

https://www.yalejreg.com/nc/lets-talk-about-that-barrett-concurrence-on-the-contextual-major-questions-doctrine-by-beau-j-baumann/