No. 25-1144

Daisey Trust, By and Through Its Trustee Eddie Haddad, et al. v. Federal Housing Finance Agency, et al.

Lower Court: Ninth Circuit
Docketed: 2026-04-02
Status: Pending
Type: Paid
Tags: administrative-law appropriations-clause federal-housing-finance-agency nondelegation-doctrine separation-of-powers statutory-interpretation
Latest Conference: N/A
Question Presented (from Petition)

1. In Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, 601 U.S. 416 (2024) ("CFPB"), this Court upheld CFPB's funding mechanism under the Appropriations Clause because—even though it is funded outside the annual appropriations process—Congress enacted a statute identifying a "source and purpose" for the funds and there was a statutory cap on how much CFPB can draw from the Federal Reserve System. The Federal Housing Finance Agency is also funded outside the annual appropriations process. But, unlike CFPB, Congress has not set a ceiling on how much FHFA may raise and spend. Does FHFA's funding mechanism, 12 U.S.C. § 4516, violate the Appropriations Clause for lack of a cap, sum certain, or other ascertainable limit?

2. In CFPB, members of this Court recognized "Congress obviously cannot evade the Appropriations Clause simply by placing a different label on an authorization" through a statute providing that "[f]unds . . . shall not be construed to be Government funds or appropriated monies." Similarly, 12 U.S.C. § 4516(f)(2) states that "[t]he amounts received by the Director from any assessment . . . shall not be construed to be Government or public funds or appropriated money." Does 12 U.S.C. § 4516(f)(2) violate the Appropriations Clause?

3. The nondelegation doctrine requires Congress to impose intelligible principles to constrain the Executive Branch. 12 U.S.C. § 4516 allows FHFA's Director to collect "the amount sufficient to provide for reasonable costs . . . and expenses of the Agency." Does 12 U.S.C. § 4516 violate the nondelegation doctrine?

Question Presented (AI Summary)

Whether the Federal Housing Finance Agency's funding mechanism under 12 U.S.C. § 4516 violates the Appropriations Clause by lacking a statutory cap on spending and whether the statute's characterization of funds as non-governmental violates the Appropriations Clause, and whether the statute violates the nondelegation doctrine by failing to impose intelligible principles constraining the Director's spending authority

Docket Entries

2026-04-15
Waiver of Federal Housing Finance Agency, et al. of right to respond submitted.
2026-03-30
Petition for a writ of certiorari filed. (Response due May 4, 2026)

Attorneys

Daisey Trust, et al.
Jordan Tindle SmithBrownstein Hyatt Farber Schreck, LLP, Petitioner
Federal Housing Finance Agency, et al.
D. John SauerSolicitor General, Respondent