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




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 19-422
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 25, 2026
opinion
opinion | Jun 23, 2021
Petition
brief | Sep 25, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026