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Alias Born | 09/25/2019 |
Thursday, September 17, 2020 12:29:16 AM
1) Overview of forced conservatorship, accounting issues, and eventual NWS
2) Large effort by Thompson to argue for his pay masters on direct claims. Approx 30 of the 90+ pages devoted to direct claims with fallback to derivative claims
3) Focused derivative claim arguments
4) Remedy and NWS was not a harmless agency action - Gov says it was a harmless agency action which swayed the deciding judges in the 5th circuit against remedy (9 to 7) - if SCOTUS says the NWS was in fact harmful, it would certainly, on remand, reverse the 5th circuit on remedy
5) HERA and separation of powers - argues gutting HERA would be necessary if the court had material differences from Seila
I think there is one brief reference to Thompson saying SCOTUS could address the conservatorship but I read it as a “passing” suggestion if the stars aligned
Thompson does not believe the court will gut HERA but if the court has no other choice it should act - another “stars aligned” comment
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