Replies to post #684281 on Fannie Mae-No Politics (FNMA)

[RumplePigSkin]

Man - the differences are large between Anthrex and Collins. We have to wait and see what kind of remedy we get. We may get a vacate and remand on retrospective relief, where we lost by one vote for backwards looking relief.

There are constitutional and APA claims …

First post for FnF?

[RickNagra]

I'm so sorry I did not catch your name. What did you say it was ?

Quote:
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.