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Re: 2Four post# 791564

Wednesday, 04/17/2024 10:55:55 AM

Wednesday, April 17, 2024 10:55:55 AM

Post# of 800868

FHFA passes a rule and must require an act of congress to reverse which implies that the rule is equivalent to legislation.



No, this is bad logic. According to the Supreme Court, FHFA possesses only executive power, not legislative power.

The FHFA was established as an independent agency. SCOTUS ruled that the director could be removed at will. Shouldn't that imply that the director serves at the will of the president?



That's right.

because the agency is run by a single director and not a panel, the agency is no longer an independent federal agency.



That's wrong. The Supreme Court specifically shot down this argument on page 24:

That interpretation reads far too much into the term “in-
dependent.” The term does not necessarily mean that the
Agency is “independent” of the President. It may mean in-
stead that the Agency is not part of and is therefore inde-
pendent of any other unit of the Federal Government. And
describing an agency as independent would be an odd way
to signify that its head is removable only for cause because
even an agency head who is shielded in that way would
hardly be fully “independent” of Presidential control.



This "panel" idea leads me to believe that you have been reading ano's nonsense. The best advice I can give you with regards to ano is to not assume that anything he says is correct. I proved him wrong on so many things that he left this board and blocked me on Twitter.

So, I don't think the agency has the same status after the SCOTUS ruling as before. How do you define it? Is it an executive agency that is independently funded? Whatever it is, no one has bothered to question it or update any rules, laws...etc.



FHFA and all of HERA exist exactly as they did before the ruling except that now the President can remove the FHFA director at will.

Got legal theories no plaintiff has tried? File your own lawsuit or shut up.

Posting about other posters is the last refuge of the incompetent.