Kthompt. The rest of Dodd Frank can exist whether or not there is a CFPB. The severabilty doctrin in this case can be used to get rid of CFPB even if there wasn’t a clause because the rest of Dodd Frank doesn’t need the CFPB. Its not integral. Not the case with HERA. An independent FHFA is central to HERA both as a regulatory agency and as a conservator or receiver. Your arguing apples and oranges. The Court will need to decide whether the rest of the statute can stand as written without an independent FHFA. If it can they will write a legal opinion as to why. If it can’t then HERA is toast. If they don’t take it up then I imagine that new lawsuits can be filed challenging any number of past actions as done by an unconstitutional FHFA.
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