Fannie Mae-No Politics (FNMA)

[kthomp19]

Maybe the simple answer is that both HERA and the GSE Act get struck down by the Supreme Court because neither is remotely constitutional.

I certainly can't fault you for ambition.

But we are circling back to the "should" versus "will" argument. I am not worried at all about what I, you, or anyone else (other than the Justices of the Supreme Court) thinks "should" happen because that doesn't matter at all. I am basing my opinion on what will happen from the makeup of the court and their past principles and precedents.

Why has no government attorney ever raised "...the GSE Act says the same thing...?

They haven't needed to because HERA amended the GSE Act. The original GSE Act is not being challenged at all.

The answer is because it does not.

I disagree. I will even put the two statutes side by side:

Original GSE Act, Section 1369(b)(4):

(4) LIMITATION ON JURISDICTION- Except as otherwise provided in this subsection, no court may take any action regarding the removal of a conservator or otherwise restrain or affect the exercise of powers or functions of a conservator.

HERA 4617(f):

(f) Limitation on court action
Except as provided in this section or at the request of the Director, no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver.

How are they different?

It lays out what a conservator is enacted to do, which is not what any Lockhart, DeMarco or Watt did, and so far is just what Calabria has talked about doing while accomplishing nothing.

Now you're making a new argument, that all FHFA actions, rather than just the NWS, have been ultra vires. That is going to require a new lawsuit: the Supreme Court is not being asked to go anywhere close to this far and I think they have a vanishingly small chance of doing so on their own. The Collins plaintiffs' allegations matter, and so do the things they don't allege.