Replies to post #684214 on Fannie Mae-No Politics (FNMA)

[Chronic The Hemp Hog]

I concur with your opinion that the SCOTUS will find the director of FHFA is unconstitutional. Remedy will be similar to Arthrex in a simple vacate and remand.

I love the fact that the three remaining justices to write an opinion for December sitting are very favorable to plaintiffs. Even Breyer I consider favorable and if you had to have a "liberal" appointed justice left he would be the best of the three (Kagan and Sotomayor arguably worse).

We have a lot of information that almost points and gives clues to exactly what the outcome is going to be. This could be intentional by the SCOTUS but mere speculation/conspiracy on my part. But there is a difference in saving this opinion until the very end because the court is showing their logic and reasoning in how it is applied through other less consequential opinions (as far as terms of $$$). I kind of think that they are giving the investment community every much a chance to "read the tea leaves" and make up their minds before releasing the opinion. It would be very different if they just released the Collins opinion very early with little indication to know what was coming.

[The Man With No Name]

FOF - Anthrex bodes well for Collins.

Even the insulated administrative patent judges are held unconstitutional. A single, lead director of an agency like FHFA is, of course, unconstitutional. The remedy is to allow Anthrex's patent to be reviewed again. Retrospective remedy ...

Remedy, as we all know, is the big question.

Yeah but that retrospective remedy is nothing more than the chance to ratify the decision...it was not thrown out. In that regard, it depends on whether Calabria would ratify the NWS or not. And to make matters worse, he would have to do it before Potato Brain Biden fired him...because the other part of the decision will be that the FHFA director can be removed at will.

All of these 'blue pencil' decisions are nothing more than 'line item vetos' of parts of statutes. The President has no such authority....and the SCOTUS shouldn't either. Gorsuch and Thomas seem to be the only 2 justices that understand the SCOTUS shouldn't be legislating from the bench. Roberts, on the other hand, loves it.