Fannie Mae (FNMA)

[obiterdictum]

Hi obiterdictum,

Hi Fully Diluted.

nice that you are actively participating in the forum again.

Never left. Just nothing to say in this periodic downturn that appears to be reversing.

I have a question for you regarding Calabria's remaining time in office:
The 5. circuit reversed "...the judgment as to Count IV and REMANDS that claim for entry of judgment that the “for cause” removal limitation in 12 U.S.C. § 4512(b)(2) is unconstitutional."(1)

Yes.

And here is my question: Is Judge Atlas, who has to execute the "entry of judgment", also obligated to do so if Collins would withdraw the case?

No.

Here is a brief overview of how I reached to this question, which unfortunately I cannot answer, but I hope you can:

1. Judge Atlas from the district court ruled in the Collins case that Calabria can only be removed for cause and HERA is not unconstitutional on this point.
2. The 5th circuit expressed the opinion that this judgment must be revised and Atlas must carry out the "entry of judgment".
3. As long as there is no entry of judgment, no appeal against a judgment can be made.

Consider an interlocutory appeal.

Therefore, both Collins and the Treasury Department have used an alternative procedure to be heard by the Supreme Court: writ of certiorari

There was an appeal of the 5th Circuit opinion via a petition for a writ of certiorari. The writ was granted. This is an ordinary legal procedure that can stay the 5th Circuit decision on Count IV and stop further legal proceedings in the lower courts until the SCOTUS decides the case.

4. Therefore Atlas has not yet carried out the "entry of judgment" and Calabria can therefore not yet take action against the judgment and therefore cannot be fired - (even if he wants to kiss tattoos on ankles)

The status quo regarding Calabria's position remains unchanged.

Corrections are always welcome. But I think that we are standing right there now: Should the Supreme Court bring the case to an end, Calabria will remain irremovable until then.

Yes, unless he provides "cause."

But what happens if Collins withdraws the case for any reason, such as an accommodating revision of the SPSPAs?

A voluntary dismissal of the Collins case depends on a variety of court situated factors and procedural rules. A voluntary dismissal with or without prejudice is governed by federal procedural rules and cannot be simply dropped. It seems that a SCOTUS ruling comes first given that the writ of certiorari has been granted. What case is being dismissed in this hypothetical?

Would Calabria remain in office until a new case regarding the constitutionality of the FHFA structure was heard and finally ruled on?

If a voluntary dismissal without prejudice occurs, yes.

Calabria remains protected from removal unless there is cause or a new court judgment makes it possible for the 45th or 46th President to fire Calabria at will.

Or could or even must Judge Atlas then still carry out the "entry of judgment", which would shake Calabria's seat, even if the case were closed?

The 5th Circuit decision to revise and remand Count IV is most likely stayed due to the granted writ of certiorari appealing the 5th Circuit's decisions. Judge Atlas most likely will have to sit and wait for the next steps handed down by the higher courts.

If so, is there a specific time frame?

Not that can be readily determined from here.

Or would a President Biden have the chance of success to let the Supreme Court answer this question nevertheless?

What any President will do with an open SCOTUS case will remain an open question until some action is taken or not.

I am at the end of my Latin and I hope you know that. I'm pretty sure you have already examined this matter thoroughly and I hope you have found an answer.

No real answers. The ball is rolling and is guided by procedural rules and Judge's and Justices' discretion. All one can do is watch the ball roll along until comes to a stop.

GLTY

Ditto. .


Reference:
(1)
http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf
page 4 of 123 in the reader