This is great stuff, ALL Americans should be outraged by this enfringement on their Liberties (I added bold):
"The Government does nothing to dispute the
extraordinary nature of the “Acting” Director’s over-
four-year tenure as the head of the Federal Housing
Finance Agency (“FHFA”)—not even mustering a
single example of another individual exercising so
much authority for so long without Senate
confirmation during the first two hundred years of the
Republic."
"Instead, the Government concentrates its fire on
reasons it says this Court should deny relief anyway—
even if the “Acting” Director’s prolonged stay at the
top of FHFA violated the Constitution. The
Government claims the de facto officer doctrine,
unspecified statutory authority, laches, and a
forfeited ratification argument preclude relief. These
remedial defenses are unavailing, and, in all events,
this Court need not resolve them before reaching the question presented.
As Judge Thapar explained in dissent, “[n]o viable
interpretation of the [Appointments] Clause permits
an acting officer to skip confirmation for three years”
under the circumstances presented here. Pet.App. 46.
When he signed the Third Amendment, the “Acting”
FHFA Director was unconstitutionally exercising
significant authority of the United States. The Sixth
Circuit’s contrary decision is in serious conflict with
this Court’s precedents and other circuits’ caselaw.
The Court should grant the writ.
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