Replies to post #635417 on Fannie Mae-No Politics (FNMA)

[mrfence]

They're about to revisit Humphreys Executor so multi member agency with executive power may be the primary target. Did yah listen to the SCOTUS oral arguments on Seilla Law? The tone of those arguements reveal where SCOTUS is headed IMO.

[bcde]

"RPS is right, Multi member federal agencies ARE allowed under USSCT precedent."


Once again here are the excerpts from SCOTUS seila law vs CFPB ruling. It is very easy to read and understand.

https://www.supremecourt.gov/opinions/19pdf/19-7_new_bq7d.pdf

page 2:
Free Enterprise Fund left in place only two exceptions to the President’s unrestricted removal power. First, Humphrey’s Executor permitted Congress to give for-cause removal protection to a multimember body of experts who were balanced along partisan lines, appointed to staggered terms, performed only “quasi-legislative” and “quasi-judicial functions,” and were said not to exercise any executive power.

Second, Morrison approved for-cause removal protection for an inferior officer—the independent counsel—who had limited duties and no policymaking or administrative authority. Pp. 11–16.

Page 16:
These two exceptions—one for multimember expert agencies that do not wield substantial executive power, and one for inferior officers with limited duties and no policymaking or administrative authority—“represent what up to now have been the outermost constitutional limits of permissible congressional restrictions on the President’s removal power.”

[ano]

It is not the job of the SCOTUS to decide about a multimember boards or single director. The question asked is “is for cause legal”

1) if legal: a fourth branch is added to the constitution,
2) if not legal: “for cause” will change to “at will” and FHFA will become an Executive agency

This puts the court in a difficult position with HERA. Should they blue pencil HERA to allow a multi member board to run the FHFA, thus removing the unconstitutionally insulated Single Director that can only be fired for cause by POTUS?

Should they blue pencil HERA by striking the for cause language and add "at will"?