Wow...this is actually a genius argument, legally speaking.
This fails to post the most relevant things about this finding though as it relates to our lawsuits.
1.) This is an APPELLATE decision. That means it actually holds weight, unlike most district court decisions.
2.) The recommended remedy for an unconstitutional structure cited in the decision is to follow the Free Enterprise Fund which severed the clause giving the independent leadership and give control back to the Executive Branch. This would mean that the GSE's would fall under the control of the President. This is a direct conflict with a provision of HERA. Whether this would invalidate HERA or just that one provision, though...that remains to be seen.
"That said, if those two agencies are
unconstitutionally structured, the remedy would presumably be the
same remedy as in Free Enterprise Fund: severing the for-cause
provision so that the agencies would continue to fully operate, albeit
as traditional executive agencies rather than independent agencies.
Cf. infra pp. 65-69. We do not address those questions here. "
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