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Re: obiterdictum post# 567765

Thursday, 10/03/2019 2:16:45 PM

Thursday, October 03, 2019 2:16:45 PM

Post# of 800119
I guess we may know, soon. I know I do not have to tell you the unpredictability of handicapping any Supreme Court decision. Anything can, and sometimes does happen.

My suspicion is that a reasonable person or Justice might conclude that HERA was only a marginally flawed law and only requires a marginal "fix" to cure the Constitutional defect. The two CFPB cases involve Dodd-Frank and may be viewed as having a greater or lesser degree of problems that requires a different consideration by the court... either SCOTUS or via remand back to the lower court where the 5th Circuit has not, yet, even ruled in finality.

I do not claim to have any answers, just a lot of questions. Thanks, again, for sharing your thoughts.