182506P.pdf   10/06/2021  Atif Bhatti  v.  Federal Housing Finance Agency
   U.S. Court of Appeals Case No:  18-2506
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Gruender, 
   Circuit Judge] 
   Civil case. In this action three shareholders of Federal National Mortgage 
   Association and the Federal Home Loan Mortgage Corporation challenge the 
   structure of the Federal Housing Finance Agency, the Agency overseeing 
   those two organizations, alleging the Agency's leadership structure and 
   appointments violate the Appointments Clause, the separation of powers, 
   and the nondelegation doctrine. Under Collins v. Yellens, 141 S.Ct. 1761 
   (2021) the district court erred in dismissing the suit for lack of 
   standing; plaintiffs' claim that the appointment of the Acting Director of 
   the Agency was invalid and that extension of his term was unreasonable 
   rejected under the de facto officer doctrine; consistent with Collins, 
   this court reverses the dismissal of plaintiffs' separation-of-powers 
   claim and remands the case to the district court to determine if the 
   shareholders suffered compensable harm and are entitled to retrospective 
   relief; the dismissal of plaintiffs' nondelegation claim is affirmed.