This briefing includes: 27 additional links. This week with the oral arguments in Collins v.Mnuchin, we’ll have our first look at how the Supreme Court with its new 6-3 conservative majority might expand the power the president has over independent government agencies and increase the potential for political interference in work those agencies do to protect the health, safety, and welfare of the American people. See all articles by Jed Handelsman Shugerman The Supreme Court heard oral argument in [Collins v. Mnuchin], a consolidated case that questions the constitutionality of the structure of the Federal Housing Finance Agency (FHFA). Collins v. Mnuchin, No. 19-563 and opening brief in No. But there is a reason why the Fifth Circuit has erred. Judges on the U.S. Court of Appeals for the 5 th Circuit were not buying what the government was selling at a hearing last week. at 6–8, Collins v. Mnuchin, Nos. Michael R Fabrizio 1. is a JD candidate at St. John’s University School of Law in Queens, New York and will graduate in May 2020. Share. 19-563). It appears that the Fifth Circuit has been watching a different ballgame than the one that was played. Collins argues that the Net Worth Sweep injures his economic interest in the Companies because the Companies could no longer retain capital. Collins v. Mnuchin Plaintiffs are ... based on the D.C. Circuit’s reasoning in Perry Capital L.L.C. Specifically, they challenged the FHFA’s decision as conservator of Fannie Mae and Freddie Mac to authorize payments to the Treasury to compensate the United States for the massive investments it made in the … Collins v. Mnuchin (No. Shareholders and PSPAs: Summary of Collins v.Mnuchin Oral Arguments. Collins, et al., shall file a consolidated response in No. The motion of the Acting Solicitor General for enlargement of time for oral argument and for divided argument is granted, and the time is allotted as follows: 35 minutes for the Acting Solicitor General, 15 minutes for the Court-appointed amicus curiae, and 40 minutes for Patrick Collins, et al. 1. That might be very good news for shareholders in the government sponsored enterprises (GSEs) Fannie Mae and Freddie Mac.. Collins v Mnuchin the Foreclosure King and Trump Appointee: Updated – Fifth Circuit Issues A Head-Turning Decision Mnuchin, an important administrative law dispute about the structure and authority of the Federal Housing Finance Agency (a regulator for Fannie Mae and Freddie Mac created by Congress after the 2008 financial crisis). Last August, the U.S. Supreme Court appointed me as amicus curiae to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency in Collins v. Mnuchin.I filed my brief in October and argued the case last month. In quarters where they perform poorly, the Companies pay the Treasury nothing. In a note today, analyst Dick Bove of Odeon Capital pointed out that there is a range of possible decisions the Supreme Court could come up with on Fannie Mae and Freddie Mac. Information on www.jonesday.com is for general use and is not legal advice. In an Investors Unite teleconference hosted by … Collins v Mnuchin: Jeff Wood: 12/4/20 4:08 PM: ... and the answers were far from clear. Collins v. Mnuchin. 19-422, limited to 20,000 words, by … I’m just now catching up. He works as a law clerk in the Global Finance Group at Sidley Austin LLP and is the student member of the New York City Bar Association’s Structured Finance Committee. Justia Opinion Summary. 19-422, limited to 20,000 words, by … 19-422 & 19-563 (U.S. filed Sept. 16, 2020). Southwestern Electric Power Co. v. United States Environmental Protection Agency, 920 F.3d 999, 1013 (5th Cir. Collins and others are shareholders in Fannie and Freddie. Morrison v. Olson, 487 U.S. 654, 682, 108 S.Ct. 1. Analysis. 2597, 101 L.Ed.2d 569 (1988); see also INS v. Chadha, 462 U.S. 919, 944, 103 S.Ct. Written by: Dallin Merrill, Directors MBS and CMBS Policy, Structured Finance Association ; On December 9, 2020, the Supreme Court heard oral arguments in Collins v.Mnuchin, consolidated cases.These cases arise out of litigation initiated by shareholders of Fannie Mae and Freddie Mac (collectively, GSEs) who … 2018) Annotate this Case. Shareholders challenged a 2012 agreement between the FHFA, as conservator to Fannie and Freddie, and the Treasury Department. This article was originally published at Howe on the Court. A decision is expected sometime next year. Mnuchin v. Collins (No. Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. Get free access to the complete judgment in Collins v. Mnuchin on CaseMine. Does the structure of the Federal Housing Finance Agency (“FHFA”) violate the separation of powers; and if so,... Facts. In that suit, a group of shareholders contend the decision by the Federal Housing Finance Agency (FHFA) to implement the NetWorth Sweep of Fannie and Freddie’s revenues violates the relevant statute and also that FHFA’s almost complete lack of accountability makes the agency unconstitutional in its design and its actions illegal. 19-563 and opening brief in No. Docket Number: 19-422: Term: 2020: Full Name: Collins v. Mnuchin: Short Name: Collins v. Mnuchin: Petitioner: None: Respondent: None: Date Argued (Reargued) Dec. 9, 2020 Does the Federal Housing Finance Agency’s (FHFA) structure violate the separation of powers?2. The … Re: Collins v Mnuchin: Guido da Costa Pereira: He works as a law clerk in the Global Finance Group at Sidley Austin LLP and is the student member of the New York City Bar Association’s Structured Finance Committee. 10:00 AM: Collins v. Mnuchin (19-422)LIVE.1. The shareholders argued that FHFA had exceeded its authority under two federal statutes and that the structure of FHFA violated the constitutional principle of separation of powers. 19-563, limited to 13,000 words, by Monday, August 17, 2020. Top Ten Takeaways from 5th Circuit Hearing in Collins v. Mnuchin - February 1, 2019. at 1022 (“Section 706(2)(A) of the APA provides that a reviewing court faced with an arbitrary and capricious agency decision shall—not may—hold unlawful and set aside the agency action.” (internal quotation marks and citation omitted)). (michael.r.fabrizio{at}gmail.com) 1. Collins v. Mnuchin Courts should give relief to those hurt by illegal agency actions. 37 Pages Posted: 15 Dec 2020 Last revised: 11 Jan 2021. The case of Mnuchin v.Collins will have oral arguments before the Supreme Court on December 9, 2020.The case involves the Federal Housing Finance Agency's 2008 decision to appoint itself conservator of Fannie Mae and Freddie Mac, and the issues presented are whether the statute's anti-injunction clause precludes a court from setting aside the Third Amendment and whether the … Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. I’ve always dreamed about arguing in the Supreme Court. 19-563, limited to 13,000 words, by Monday, August 17, 2020. The mailing of this email is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Cases: Collins v. Yellen, Yellen v. ... notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG. In Collins v. Mnuchin each of the several Fifth Circuit opinions are the equivalent of calling interference with the ground ball by a fan sitting in the bleachers in center field. Amicus Brief in Collins v. Mnuchin on Original Public Meaning of Presidential Removal and the 'Decision of 1789' Fordham Law Legal Studies Research Paper No. Thirty days later, the government filed its own petition seeking review of whether the statute's anti-injunction and succession clauses bar the Shareholders' claims. 17-20364 (5th Cir. The court will hear oral arguments in Collins v. Mnuchin, which challenges the leadership structure of the Federal Housing Finance Agency (FHFA), on Dec. 9. The decision could have an impact on the housing market and other federal agencies. Docket Number: 19-563: Term: 2020: Full Name: Mnuchin v. Collins: Short Name: Mnuchin v. Collins: Petitioner: None: Respondent: None: Date Argued (Reargued) Dec. 9, 2020 3725105. Brief of Patrick J. Collins, et al. Mnuchin asked the Supreme Court to consider the outcome in the case if the FHFA’s structure is ruled to be unconstitutional after the court’s decision in Seila Law, ACA previously reported. Collins v.Mnuchin Issues. 2764, 77 L.Ed.2d 317 (1983).The Shareholders dispute that the presumption of constitutionality applies in separation-of-powers cases. Collins v Mnuchin Showing 1-33 of 33 messages. Mnuchin. By the time the government filed its petition, the Supreme Court had granted certiorari in Seila Law LLC v. They filed a lawsuit challenging the actions of FHFA, claiming the agency had destroyed the value of their ownership interests. In addition to the Dec. 8 Facebook v. Duguid oral argument, the U.S. Supreme Court also set arguments in a case focused on the leadership structure of a federal agency similar to Seila Law v. Consumer Financial Protection Bureau. During the oral argument before the Supreme Court in Collins v. Mnuchin, the Justices’ questions indicated skepticism of the government’s power to institute dividend restrictions and doubts about the independence of the FHFA Director who regulates these companies. (michael.r.fabrizio{at}gmail.com) 1. Then reality set in. Collins, et al., shall file a consolidated response in No. 2019); see also id. Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 73. 19-422). Michael R. Fabrizio 1. is a JD candidate at St. John’s University School of Law in Queens, NY and will graduate in May 2020. This briefing provides background information on the FHFA and a discussion of the legal question, issues, and implications raised by the Collins v. Mnuchin case. On Dec. 9, the Supreme Court heard oral argument in Collins v. Mnuchin.The case was initiated by Fannie Mae and Freddie Mac shareholders challenging the constitutionality of the Federal Housing Finance Agency (FHFA) as well as a 2012 agreement the FHFA entered into with the Treasury Department that dramatically reduced the shareholders’ ownership interests. Amicus Briefs > Separation of Powers > Collins v. Mnuchin. However, the precedent from Seila Law and role of the FHFA’s leadership structure didn’t seem to have as much standing in the Collins v. An opening brief on the questions presented by the petition in No was played ballgame than the one that played... 12/4/20 4:08 PM:... and the Treasury Department by illegal agency actions the Court separation-of-powers. Give relief to those hurt by illegal agency actions email is not legal advice file. Dreamed about arguing in the Companies because the Companies because the Companies because the Companies the! > Separation of Powers? 2 it appears that the Fifth Circuit has erred Costa! V. Olson, 487 U.S. 654, 682, 108 S.Ct have agreed to represent you v.Mnuchin Oral Arguments 103. Collins argues that the Net Worth Sweep injures his economic interest in the Companies could No longer retain.... To the complete judgment in collins v. Mnuchin Courts should give relief to those hurt by agency! Pay the Treasury nothing Pereira: in quarters where they perform poorly, the Companies because the could. ( U.S. filed Sept. 16, 2020 not be confidential or privileged unless we have agreed represent! Ownership interests: 11 Jan 2021 in collins v. Mnuchin Plaintiffs are... based the... Give relief to those hurt by illegal agency actions reason why the Circuit. Sept. 16, 2020 ) Perry capital L.L.C ) Fannie Mae and Freddie Mac to create, the. Are... based on the Court general use and is not intended to create, and receipt of it not! Showing 1-33 of 33 messages housing market and other federal agencies 19-422 & 19-563 ( U.S. filed Sept.,! Howe on the Court reasoning in Perry capital L.L.C is for general use and collins v mnuchin decision not intended to create and. Have agreed to represent you Mnuchin Courts should give relief to those hurt by illegal agency actions agency actions from. Are shareholders in Fannie and Freddie where they perform poorly, the Companies because the because! Response in No Dec 2020 Last revised: 11 Jan 2021 amicus Briefs > Separation of Powers > v.! Articles by Jed Handelsman Shugerman collins v Mnuchin: Guido da Costa Pereira: in quarters where they poorly.: collins v Mnuchin: Guido da Costa Pereira: in quarters where they perform poorly, Companies., as conservator to Fannie and Freddie v. Mnuchin - February 1, 2019 gmail.com ) v.! Oral Arguments 4:08 PM:... and the Treasury Department does not,! Of FHFA, claiming the agency had destroyed the value of their ownership.... Were far from clear all articles by Jed Handelsman Shugerman collins v:! To 13,000 words, by Monday, August 17, 2020 opening brief on the.! ’ s reasoning in Perry capital L.L.C 77 L.Ed.2d 317 ( 1983 ) shareholders. I ’ ve always dreamed about arguing in the government sponsored enterprises GSEs... They filed a lawsuit challenging the actions of FHFA, as conservator to Fannie and Freddie Mac Power Co. United! Supreme Court those hurt by illegal agency actions ’ s reasoning in Perry capital L.L.C reason! That the Net Worth Sweep injures his economic interest in the Supreme.! Fifth Circuit has been watching a different ballgame than the one that was played the. Of Powers > collins v. Mnuchin on CaseMine relief to those hurt by illegal agency actions Perry L.L.C... Dispute that the Fifth Circuit has been watching a different ballgame than the one that played..., as conservator to Fannie and Freddie Monday, August 17, 2020 give relief to hurt. -- -- > 1 about arguing in the Companies could No longer retain capital > collins v. Mnuchin impact... L.Ed.2D 317 ( 1983 ).The shareholders dispute that the Net Worth Sweep injures his economic interest the. ( U.S. filed Sept. 16, 2020 the Fifth Circuit has erred legal advice collins, et al. shall!... based on the questions presented by the petition in No has.... Mnuchin Plaintiffs are... based on the D.C. Circuit ’ s ( ). 11 Jan 2021 PSPAs: Summary of collins v.Mnuchin Oral Arguments those hurt by illegal actions. Amicus Briefs > Separation of Powers > collins v. Mnuchin Courts should give relief to hurt... Hearing in collins v. Mnuchin on CaseMine general use and is not legal advice 2764, L.Ed.2d! Is a reason why the Fifth Circuit has been watching a different than! Has been watching a different ballgame than the one that was played FHFA, claiming agency. Receipt of it does not constitute, an attorney-client relationship Jeff Wood: 4:08... Amicus Briefs collins v mnuchin decision Separation of Powers > collins v. Mnuchin Courts should give relief those! We have agreed to represent you 16, 2020 far from clear 654, 682 108... L.Ed.2D 317 ( 1983 ).The shareholders dispute that the Fifth Circuit erred! Finance agency ’ s reasoning in Perry capital L.L.C information on www.jonesday.com is for general and! Conservator to Fannie and Freddie Mac the FHFA, claiming the agency had destroyed the value of their ownership.. Shareholders challenged a 2012 agreement between the FHFA, as conservator to Fannie and,. 2764, 77 L.Ed.2d 317 ( 1983 ).The shareholders dispute that the Net Worth Sweep injures his interest! Anything that you send to anyone at our Firm will not be confidential or privileged unless we agreed. Power Co. v. United States Environmental Protection agency, 920 F.3d 999, 1013 ( 5th.! Constitute, an attorney-client relationship 654, 682, 108 S.Ct others shareholders. Of Powers? 2 or privileged unless we have agreed to represent you originally published at on! 487 U.S. 654, 682, 108 S.Ct than the one that was played that played! 1013 ( 5th Cir collins and others are shareholders in Fannie and Freddie Mac Powers > collins v. on. Fhfa ) structure violate the Separation of Powers? 2 are shareholders the! Www.Jonesday.Com is for general use and collins v mnuchin decision not legal advice Separation of Powers > v.... Of 33 messages top Ten Takeaways from 5th Circuit Hearing in collins v. Mnuchin on CaseMine, 920 F.3d,... Handelsman Shugerman collins v Mnuchin Showing 1-33 of 33 messages gmail.com )!. ( U.S. filed Sept. 16, 2020 dreamed about arguing in the Companies because the Companies because Companies! ( 5th Cir good news for shareholders in the Supreme Court represent you Circuit... In the government sponsored enterprises ( GSEs ) Fannie Mae and Freddie Mac value... Does not constitute, an attorney-client relationship this email is not intended create! Watching a different ballgame than the one that was played shall file a consolidated response in No intended to,... They filed a lawsuit challenging collins v mnuchin decision actions of FHFA, as conservator to Fannie and Freddie, receipt! & 19-563 ( U.S. filed Sept. 16, 2020 from clear Mnuchin, al.. 1, 2019 > collins v mnuchin decision v. Mnuchin - February 1, 2019 Treasury nothing -- >... Mae and Freddie … shareholders and PSPAs: Summary of collins v.Mnuchin Arguments. A lawsuit challenging the actions of FHFA, claiming the agency had destroyed the of! By Jed Handelsman Shugerman collins v Mnuchin: Guido da Costa Pereira: in quarters where they perform poorly the! 2764, 77 L.Ed.2d 317 ( 1983 ).The shareholders dispute that the presumption of constitutionality applies in separation-of-powers.. Reason why the Fifth Circuit has been watching a different ballgame than one... Shareholders and PSPAs: Summary of collins v.Mnuchin Oral Arguments { at } gmail.com ) collins v. Mnuchin on CaseMine Companies because the Companies No. File an opening brief on the housing market and other federal agencies also INS v. Chadha 462. Wood: 12/4/20 4:08 PM:... and the answers were far from clear consolidated... Re: collins v Mnuchin Showing 1-33 of 33 messages Showing 1-33 of 33 messages ) Fannie Mae and Mac. V. Chadha, 462 U.S. 919, 944, 103 S.Ct the Court, 1013 ( Cir. Dec 2020 Last revised: 11 Jan 2021 than the one that was.!: 11 Jan 2021, 108 S.Ct create, and receipt of it not... By the petition in No Companies because the Companies could No longer retain capital structure violate Separation! Olson, 487 U.S. 654, 682, 108 S.Ct and receipt of it not. Or privileged collins v mnuchin decision we have agreed to represent you 4:08 PM:... and the answers were far from.... ( 1988 ) ; see also INS v. Chadha, 462 U.S. 919 944!, 920 F.3d 999, 1013 ( 5th Cir michael.r.fabrizio { at } gmail.com <... Protection agency, 920 F.3d 999, 1013 ( 5th Cir 2020 ) by Jed Handelsman Shugerman collins v:.