Fifth Circuit: Patrick Collins, et al v. Steven Mnuchin, Secretary

Minority shareholders have standing to challenge the structure of the federal agency empowered to wind-down or place in conservatorship financial institutions when those voting shareholders lose economic rights due to the agency's policies.

The single-director structure of the agency, combined with the lack of a bipartisanship requirement and a funding procedure outside normal appropriations, unconstitutionally insulates the agency from Presidential control, as the President is unable to ensure the execution of the laws.

Most prudent remedy is the removal of the requirement that removal of the agency head only be for cause.

Dissent: Executive has a voice, Congress has oversight hearings.

Dissent (@judgewillett)   Valid delegation of Congressional power; obligations legally imposed on a conservator are the best protection for the economic rights of the shareholders

http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV0.pdf