Fannie Mae (FNMA)

[Robert from yahoo bd]

In Collins, the court stated that HERA under its grant of broad authority from Congress (limited to FHFA's determination of what is “in the best interests of the regulated entity or the Agency.” §4617(b)(2)(J)(ii) (emphasis added).") allowed the agency to implement the August 17, 2012, Net Worth Sweep.

As I recall the NWS was challenged as violating the APA because it was arbitrary and capricious.

The gravamen of the Collins case was the rewriting of the law (here HERA) by the SCOTUS to replace an INDEPENDENT FHFA Director with one under the direct control of the POTUS by writing in 'fireable at will by the POTUS'.

But SCOTUS is NOT going to explore other legal reasons to give the Plaintiff's the relief they ask for. If you don't bring up a reason in your Pleadings (like the NWS violates the MQD), the Justices won't even consider the issue.

Here, the Justice's said that under the APA Challenge the NWS was NOT arbitrary and capricious under HERA.

Whether or not the NWS violates the MQD would have to be another hearing for another day.

https://www.talksonlaw.com/briefs/major-questions-doctrine