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No. 19-422October Term 2019Decided Jul 28, 2021

Docket 19-422October Term 2019 (2019–2020)

Collins v. Yellen

This case could test both FHFA's basic design and whether its past actions can be challenged because of that design.

Case status

Current stage
Decided
Latest event
Decision released Jul 28, 2021
Case Accepted
Arguments
Decision ReleasedJul 28, 2021
What it's about

This case arose from shareholders’ challenge to the Federal Housing Finance Agency’s handling of Fannie Mae and Freddie Mac while they were in federal conservatorship, especially a Treasury-FHFA agreement that redirected the companies’ profits to the government. The Court considered both whether that challenge was barred by the housing statute and whether FHFA’s leadership structure—an independent agency headed by a single director removable only for cause—was unconstitutional.

Question presented

1. Whether FHFA’s structure violates the separation of powers; and? 2. Whether the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent.

Case path

United States Court of Appeals for the Fifth Circuit / Decision released Jul 28, 2021

Area

Administrative Law

Briefing

What it's about

Shareholders are challenging the Federal Housing Finance Agency's actions involving Fannie Mae and Freddie Mac while they were in federal conservatorship (government control). The case asks whether FHFA's single-director structure violates separation of powers and whether courts must undo agency action taken under that structure.

Vote

Oral argument has not been scheduled yet. The case asks whether FHFA's leadership structure is unconstitutional and whether challenged agency action must be set aside.

Impact

The fight could affect FHFA's power over the two mortgage giants and whether past profit transfers to the Treasury can be challenged. That matters to shareholders, the federal government, and homeowners who depend on a stable housing-finance market.

What's next

Watch for the Court to schedule oral argument or make another move on its calendar. No decision window is available yet.

What exactly are the shareholders asking the Supreme Court to decide?

They want the Court to decide whether FHFA's single-director design is unconstitutional and whether agency action taken under it must be set aside.

Why does this case matter beyond the shareholders?

It could affect Treasury profit transfers, FHFA's future authority, and confidence in the housing-finance system that supports many mortgages.

What should court watchers look for next in Collins v. Yellen?

The next big step is oral argument being scheduled. Until then, there is no clear timeline for when the justices may act.

Decision

Decision record

What the Court decided

This case could test both FHFA's basic design and whether its past actions can be challenged because of that design.

Impact

The fight could affect FHFA's power over the two mortgage giants and whether past profit transfers to the Treasury can be challenged. That matters to shareholders, the federal government, and homeowners who depend on a stable housing-finance market.

Not official Court text.

Opinion documents

Timing

Decided July 28, 2021

The Court released its decision on July 28, 2021 without hearing oral argument.