The 5th Circuit Court of Appeals delivered yet another key victory to the Trump administration which also doubles as a direct rejection of the Obama administration. The court’s decision was in response to a suit brought against a new agency called the Fair Housing Finance Agency, which was established by Congress under Democrat control shortly after the housing crash in 2008. The problem is the agency was given almost total autonomy to regulate Freddie Mac and Fannie Mae — the two quasi-government mortgage finance agencies — with nearly zero power of authority from the White House. And that lack of authority, according to the court, is unconstitutional. It’s a precedent that could be used soon to rein in other rogue agencies. Beautiful.
Here’s more from Daily Signal…
President Donald Trump will soon be able to use his famous catch phrase against the head of a troubled federal agency, the Fair Housing Finance Agency, which is led by a single Obama appointee with no meaningful oversight from the president.
The 5th U.S. Circuit Court of Appeals ruled this week that the agency’s structure is unconstitutional.
In Collins v. Mnuchin, a three-judge panel of the 5th Circuit issued a per curiam opinion holding that Congress unconstitutionally “insulated the [Fair Housing Finance Agency] to the point where the executive branch cannot control the [agency] or hold it accountable.”
The judges sent the case back to the district court, ordering it to strike down a statutory limit (in 12 U.S.C. § 4512(b)(2)) on the president’s power to remove the agency’s director.
This is an important decision for our government’s separation of powers and for keeping the executive branch agencies accountable to the president.