Tuesday, October 06, 2020 7:52:19 PM
Sua sponte allows for SCOTUS to issue opinions beyond anything the plaintiff is asking for, and we know Gorsuch and Thomas want a chance at gutting an agency like the FHFA.
Can not rule out this possibility."
You are 100% correct. SCOTUS can at most make one or two edits as a courtesy to Congress. But SCOTUS can not edit the whole HERA to make it constitutional. Besides abolishing HERA and FHFA, and reverting to OFHEO under HUD is much better option for all.
Nobody will ever notice absence of HERA and FHFA the moment they are gone. FHFA staff will become OFHEO staff.
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