Replies to post #617428 on Fannie Mae (FNMA)

[FastEddie18585]

Someone correct me if I'm wrong, but I believe that will be for the lower courts to decided as the case is remanded.

[Louie_Louie]

Why not? The director was installed under a "jurisdiction" that was not legal from the get go.

[kthomp19]

Considering that the FHFA will probably be considered unconstitutionally structured, if so, would/could the previous decisions made by the director be in question? legally?

No. Only the decisions that the plaintiffs (who brought the case over the constitutional defect) challenge are subject to being overturned as a remedy. This is the precedent in Lucia, where the remedy is the incentive to bring the case in the first place.

However, plaintiffs will only get what they ask for, no more. The Collins plaintiffs only challenge the NWS, so an unwinding of it is the most they can hope for. Copycat suits seeking other remedies over the same constitutional violation will all be dismissed.