Fannie Mae-No Politics (FNMA)

[obiterdictum]

obit, see what david boies in perry appeal filed recently as the whole issue is around if hera is supreme and that it does not allow anyone even to raise a finger let alone a hand. what do you think of this? i am trying to assess the probability of lamberth decision overturned.

stockanalyze, not much is thought about HERA and this reply at the moment since the Institutional Plaintiffs initial reply brief has not been read. The link provided is to the initial reply of the Class Plaintiffs. The issues addressed in that reply (HERA barring claims and dismissal of breach of contract claims and fiduciary claims) are part of the total issues to be decided, not the whole.

As noted on page 13 ( Note 1) of the Class Plaintiffs reply, Class Plaintiffs are relying on the reply brief of the Institutional Plaintiffs to argue claims for injunctive relief (and against the anti-injunction arguments of the Defendants). The injunctive relief focus of the Institutional Plaintiffs most likely will argue, as argued previously (see: http://online.wsj.com/public/resources/documents/perryappealbrief0629.pdf), that is, (1) the district court erroneously held: that 12 U.S.C. § 4617(f) (i.e. HERA) bars all claims under the Administrative Procedure Act; (2) that the district court erroneously held that that statute bars the Plaintiffs' claims that Treasury and FHFA exceeded their statutory authority and acted arbitrarily and capriciously; and (3) that the Net Worth Sweep is not the result of Treasury and FHFA violating the Administrative Procedure Act. Also argued will be that the District Court erred in declaring the review of the administrative record irrelevant and erred by denying motions to have the administrative record supplemented.

To assess the probability of the Lamberth decision being overturned, all of the Appellants and Appellees arguments need to be reviewed.

Upcoming Events in the Perry Case
Deferred Appendix - February 16, 2016
Final Briefs - March 8, 2016
Oral Argument - April 4, 2016