Fannie Mae-No Politics (FNMA)

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Legal Question: berkowitz said it could take another 5 years if it goes to SCOTUS, etc etc. Can anyone here offer an explanation of what would happen this happens?
the GSEs hit zero capital, and congress winds them down, replacing them with a new utility that does the same thing. This is completed by, say, 3 yrs, so from zero cap date, 3 yrs is 2021. Commons are screwed in the restructuring. Then comes a final, ultimate legal decision in 5 yrs (2023) and the court decides the gvt was completely wrong all along and everything it did was illegal. Well, commons were extinguished 2 yrs before that decision, and the GSEs don't exist anymore. What relief can the judge order then?