Thats where the "maybe" comes in that I mentioned. I say that if the provision that allows FHFA to operate without oversight is stricken from HERA as unconstitutional, then by operation of law, all decisions FHFA took without oversight is unconstitutional. One such action is the NWS.
The government may argue that they had implied oversight from the President even if the President took no direct action of oversight. They may say that even though HERA is invalid, the President never directly opposed FHFA actions and therefore, they should be ratified.
Which side the court would accept, I cant be sure...or whatever arguments I haven't thought of.
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