Freddie Mac-No Politics (FMCC)

[obiterdictum]

How does the recent affirmation of the Piszel appeal affect the Perry appeal? Or does it?

On one level, this question asks: How does the opinion given by Circuit Judges Dyk, Schall, and Hughes in the Piszel case impact the thinking of Judges Ginsburg, Millet and Brown in the Perry appeal?

Answer: As a practical matter, there is no way to directly or indirectly know what Judges Ginsburg, Millet and Brown think or may think about this opinion.

On another level, the question asks: What speculative impact, if any, would the Piszel opinion have on the Perry Appeal?

Answer: The Piszel complaint questions "whether a government prohibition on making golden parachute payments to terminated employees of Freddie Mac constitutes a taking or an illegal exaction." The court affirmed the lower court's decision to dismiss, dismissed Piszel's claims while agreeing that there was a 5th amendment property interest and disagreed with certain instances of reasoning and argument made by government and the lower court for dismissal.

Speculative Impact: very minimal to none.

Source:
https://docs.google.com/viewer?a=v&pid=forums&srcid=MDUxNDQwNjExMTIwMzQzNjc3NDIBMTUzODM1NzM4OTU1NTU5MDA2MjcBQjlXOGVUWjRBUUFKATAuMQEBdjI