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Re: FOFreddie post# 636142

Thursday, 10/08/2020 5:59:03 PM

Thursday, October 08, 2020 5:59:03 PM

Post# of 796310

I will take the other side of that argument. I think UST and FHFA wait until oral arguments and consider taking the GSEs out of Conservatorship on Jan 1 in case SCOTUS invalidates HERA if orals go bad for the UST.



Do you think they will do anything different if the oral arguments go well for them?

And what would the invalidation of HERA even do? The OHFEO would come back into existence, and all of Lockhart's decisions from 2008 would still stand because the GSE Act allowed them.

The case is too important to prevent future back door nationalizations and to push back against the creep of the Administrative State.



It's ironic that conservative majorities did as little as possible in Free Enterprise Fund and Selia, then.

Also - I think you have been consistently wrong on the application of Corporate law and the issues regarding the intention in HERA to use the fairness standards in the resolution process proscribed by the FDIA as it pertains to the ultra vires acts of the FHFA as Conservator.



Would you care to say how I have been wrong? Or is this yet another blanket accusation with no evidence or reasoning to back it up?

Also, you saying something is ultra vires means nothing. Several courts found the NWS to be not ultra vires, and for all we know the Supreme Court will agree with them. Don't count your chickens yet.

Got legal theories no plaintiff has tried? File your own lawsuit or shut up.