Followers | 8 |
Posts | 390 |
Boards Moderated | 0 |
Alias Born | 12/16/2020 |
![](http://investorshub.advfn.com/images/default_ih_profile2_4848.jpg?cb=0)
Thursday, May 02, 2024 12:05:57 PM
If by “illegal” you mean ultra vires or arbitrary or capricious, you are incorrect. In Collins, SCOTUS quite plainly reviewed the plaintiffs’ APA 702 claims and held —unanimously —that the Agency acted within its powers and functions.
If by “illegal” you mean something else, you are guilty of the fallacy of non-sequitur because SCOTUS cannot fail to decide on something it is not considering.
Skeptic, to me, is suggesting that Collins stands for a proposition: if FHFA survived one challenge under the APA, then it could use the same legal standard to survive another similar challenge. And that is correct.
To understand why, reread pages 14-15 of Collins. To survive an APA 706(2)(A) challenge, the standard is that an agency only needs to provide a reasonable basis in the record for their decision. In Collins, Alito failed to expressly list this standard, but he did explain its application to the facts and how FHFA *met the standard*:
“Whether or not this new arrangement was in the best interests of the companies or their shareholders, the FHFA could have ***reasonably concluded*** that it was in the best interests of …the public…” (emphasis added)
So altogether, in Collins, SCOTUS *does* decide the legality under the APA of FHFA’s decision, and Collins stands for the proposition that Conservator decisions that elevate the interest of the public over that of the companies or shareholders, only need a reasonable basis for doing so. A reasonable basis may arguably be a low bar, but it is not no bar at all.
Mass Megawatts Announces $220,500 Debt Cancellation Agreement to Improve Financing and Sales of a New Product to be Announced on July 11 • MMMW • Jun 28, 2024 7:30 AM
VAYK Exited Caribbean Investments for $320,000 Profit • VAYK • Jun 27, 2024 9:00 AM
North Bay Resources Announces Successful Flotation Cell Test at Bishop Gold Mill, Inyo County, California • NBRI • Jun 27, 2024 9:00 AM
Branded Legacy, Inc. and Hemp Emu Announce Strategic Partnership to Enhance CBD Product Manufacturing • BLEG • Jun 27, 2024 8:30 AM
POET Wins "Best Optical AI Solution" in 2024 AI Breakthrough Awards Program • POET • Jun 26, 2024 10:09 AM
HealthLynked Promotes Bill Crupi to Chief Operating Officer • HLYK • Jun 26, 2024 8:00 AM