Supreme Court finds FHFA structure unconstitutional

[Algernon Moncrieff]

Source: Housing Wire

A Supreme Court decision in Collins v. Yellen has found the structure of the Federal Housing Finance Agency (FHFA) unconstitutional, allowing for the removal of its director.

The case questioned whether the Biden administration would have the power to fire the agency’s director, Mark Calabria, a Trump-appointee and vocal critic of the government-sponsored enterprises. The court found that restricting his removal was unconstitutional.

“The President must be able to remove not just officers who disobey his commands but also those he finds ‘negligent and inefficient,’… those who exercise their discretion in a way that is not ‘intelligen[t] or wis[e],’ … those who have ‘different views of policy,’” and “those who come ‘from a competing political party who is dead set against [the President’s] agenda,” the opinion reads.

“The President’s removal power serves important purposes regardless of whether the agency in question affects ordinary Americans by directly regulating them or by taking actions that have a profound but indirect effect on their lives,” Justice Samuel Alito wrote. “And there can be no question that the FHFA’s control over Fannie Mae and Freddie Mac can deeply impact the lives of millions of Americans by affecting their ability to buy and keep their homes.”

Read more: https://www.housingwire.com/articles/supreme-court-finds-fhfa-structure-unconstitutional/

[AllaN01Bear]

1. and we are stuck with t---- s us supreme court picks for decades .

[MLAA]

2. I understand this is a good ruling, allowing President to remove previous administration appointees.

[ananda]

15. That's how I read it.

Glad to see Biden can get rid the Trumpers.

[Jose Garcia]

17. It will also permit future GOP Presidents to remove Democratic appointees

[iluvtennis]

18. Yes, but it's a good thing in my opinion. Presidents should be able to be their staffs/organizations

the way they want.

[NCjack]

3. Good. Now, fix the US Postal Service -- fire NoJoy.

[OneCrazyDiamond]

6. +1

[TNNurse]

10. My first thought

[NellieStarbuck]

16. And mine.

[sheshe2]

4. Good 👍

Next up…USPS

[malthaussen]

5. Kind of amazing this would be a Constitutional issue.

Although establishing the President's power to fire "those who come 'from a competing political party who [sic] is dead set against [the President's] agenda.'" sounds like a bad precedent. On the surface, it basically allows a President to fire anybody who didn't vote for him.
The scope of the decision, of course, is not so broad... but the language bothers me.

-- Mal

[PSPS]

7. Political appointees serve "at the pleasure of the president" and can be fired anytime.

There is no requirement for any "due process" when it comes to political appointees. They can be summarily fired and that's the end of it. I, like you, am surprised this was even on the supreme court's docket in the first place.

[rpannier]

21. I went to SCOTUs blog. There is a whole bunch to this decision

It's interesting.
And for me, a bit overwhelming to read the opinion and all the little bits to the FHFA

https://www.scotusblog.com/case-files/cases/collins-v-mnuchin/
https://www.supremecourt.gov/opinions/20pdf/19-422_k537.pdf

I found it interesting that the original case seemed to be Collins v Mnuchin and then became Collins v. Yellin once it arrived at SCOTUS

[napi21]

22. Absolutely! That's exactly the phrase I've always heard over the years. "At the pleasure of the

President!" Those who are bitching bout it now is because it bit their own butt!

[Yo_Mama_Been_Loggin]

8. Another Trump holdover bites the dust

[jaxexpat]

9. Great news: USSC finds water to be wet in split decision......

which also decided sun to rise in east. Sky color remains undecided due to 6-3 decision that "blue" is not a color. Precise direction of east still in question pending hearing encompassing compasses.

[AZ8theist]

11. +

[Marcuse]

13. The dissenting opinion of Justice Kavanaugh concluded that beer is wetter than water.

[jmowreader]

23. It actually is wetter than water

Alcohol lowers the surface tension of water, making beer wetter than water.

[StSmathers]

12. Good news

[appmanga]

14. The Court is at least being consistent...

..."A similar decision last summer found the CFPB’s structure to be unconstitutional, and eliminated the Bureau director’s protection from being fired by the president".

https://www.housingwire.com/articles/supreme-court-finds-fhfa-structure-unconstitutional/

[summer_in_TX]

19. Hooray!

Now Biden can get rid of Calabra, and I hope, anything blocking his dealing with Louis DeJoy!

[questionseverything]

20. K&r

Dejoy needs

De boot

[live love laugh]

24. "... those who have 'different views of policy..."

Seems like a very broad brush that can and more than likely will be misused by “them”.