SCOTUS Timing for Collins Decision

In For Fannie And Freddie Shareholders, It's "How Now, SCOTUS?", I suggested that SCOTUS would decide Collins on or about April Fools Day. This of course was just a guess, but I have gotten feedback from readers that they think this is too early. If the case is decided then, there will have been approximately 15 weeks lapsed since Collins oral argument.

I used this time frame based upon the Seila Law case, the SCOTUS case most comparable to Collins. Seila was decided approximately 16 weeks after oral argument. In some ways, Seila was a more “difficult” case for SCOTUS to decide than Collins will be. Seila announced the definitive principle that an agency is unconstitutionally structured with a single director removable by POTUS only for cause. Collins need only apply Seila, although as discussed in my prior article, there may be opportunity for SCOTUS to distinguish Collins from Seila with respect to the granting of a remedy, and this in turn may be reason enough for the decision time frame to grow longer.