News & Analysis as of

HERA En Banc Review

Ballard Spahr LLP

En banc Fifth Circuit decision holding FHFA structure unconstitutional could presage similar fate for CFPB and circuit split

Ballard Spahr LLP on

The en banc Fifth Circuit has ruled in Collins v. Mnuchin that the FHFA is unconstitutionally structured because it is excessively insulated from Executive Branch oversight and that the appropriate remedy for the...more

Ballard Spahr LLP

FHFA reverses position (again) on its constitutionality

Ballard Spahr LLP on

In an interesting twist, the FHFA has informed the Fifth Circuit in Collins v. Mnuchin, that despite having previously advised the en banc court that it would not defend the FHFA’s constitutionality, it has reconsidered its...more

Ballard Spahr LLP

Petitions for rehearing en banc filed in Fifth Circuit case finding FHFA is unconstitutionally structured

Ballard Spahr LLP on

In July 2018, in Collins v. Mnuchin, a Fifth Circuit panel found that the Federal Housing Finance Agency (FHFA) is unconstitutionally structured because it is excessively insulated from Executive Branch oversight.  ...more

3 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide