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Re: Barron4664 post# 649998

Tuesday, 12/08/2020 10:03:11 AM

Tuesday, December 08, 2020 10:03:11 AM

Post# of 797237

If the SCOTUS rules the structure of FHFA unconstitutional and strikes the NWS overturning the 5th embanc proscriptive relief, then why shouldn’t I or anyone immediately file suit to have the capital rule thrown out as an illegal regulation based on the precedent?



If the Collins plaintiffs get retrospective relief based on the constitutional violation, all future cases seeking different relief for the same violation are barred. Otherwise there would be chaos.

In other words, such a ruling won't open the floodgates, it will instead permanently shut them.

If there is a counterexample here I would like to see it, but this is how it was explained to me by a lawyer.

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