Thus,there is nothing left for this Court to do other than to apply the Supreme Court’s decision and order the district court to enter an injunction placing Plaintiffs in the position they would be in absent the unconstitutional removal restriction.
The Supreme Court held that a public statement from the President expressing his displeasure with the FHFA director and explaining that the restriction prevented him from removing the director from office would “clearly” show that restriction harmed the shareholders. Former President Trump has issued just such a statement — explaining that, were it not for the removal restriction, he would have removed the FHFA director and restored the shareholders’ value. Under Collins, the Rop Plaintiffs contend, shareholders are entitled to a remedy.
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