Justices Seem Concerned Over FHFA Case Ramifications

Law360 (December 11, 2020, 6:05 PM EST) -- On Dec. 9, the U.S. Supreme Court heard oral arguments in Collins v. Mnuchin and the consolidated Mnuchin v. Collins. The case is the second in a year to challenge the constitutionality of an independent administrative agency led by a single director or administrator removable by the president only for cause.

On June 29, the Supreme Court held in Seila Law v. Consumer Financial Protection Bureau on a 5-4 vote that the for-cause removal provision applicable to the director of the CFPB violated the U.S. Constitution's separation of powers. The court in Seila Law also held — this time on a...

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