Fannie Mae-No Politics (FNMA)

[imtheshadow]

A few thoughs:

- Is it true for the FnF issues before SCOTUS that P's are only requesting reversal of NWS?
- IF yes to above, would SCOTUS void HERA as a remedy not requested by P's (assuming the question is not made moot if ACA voided beforehand)?
- If ACA not voided, and SCOTUS voids NWS (only) as retro scalpel remedy (either because that's all P's sought and/or SCOTUS does so because it violated APA requirements), does the voiding of the NWS set a precedent that new P's can use to challenge the cship itself IF it can be demonstrated FnF never met the cship threshold provisions (i.e. HERA survives, but a 2nd scalpel becomes possible)? ... or do we run into a statute of limitations problem again?

Many thanks for the great posts!