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Friday, December 09, 2016 6:26:21 AM
It has never made sense to me why no challenge to HERA has ever been filed.
If obi or someone else wants to directly confront your question on modifying standing law, I'd like to add a second question, as follows: "Does the statute of limitations apply to challenges in constitutional law?" Where I am heading with that is: would it still be possible to repeal or alter HERA which was enacted in 2008, if a new suit was brought today? My guess is that it would be permissible, but I wouldn't stake my life on it.
The reason for my request is a question asked recently by other posters as to whether there is some new class action that might be filed by investors, all of us smaller guys and not just the hedge funds, that might prevail if the Perry appeal somehow goes down in flames. I keep reminding everyone that this is no slam dunk, having earlier estimated its probability at 20%. (And, yes, I did make even higher probability estimates, months ago, when the landscape looked a lot different. So please leash Mr. Snarky).
Replies appreciated.
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