Tim Howard on the letter yesterday:
"jtimothyhoward
MARCH 19, 2021 AT 4:33 PM
I do read this letter to the Clerk of the Supreme Court from the Solicitor General as a response to an inquiry from the court about the significance to the Collins case of the January 14 letter agreement between Treasury and the FHFA. But I would not go further and call it an indication that the justices have decided, or even were leaning, in favor of the Collins plaintiffs."
Tim Howard today:
"jtimothyhoward
MARCH 20, 2021 AT 2:57 PM
I think the point ROLG makes that had the SG letter been in response to an inquiry by SCOTUS it would have said so is a good one, and I therefore would tend to agree that it was not. That makes me more inclined to view the letter as a positive for plaintiffs. It is purely factual, is not helpful to the defense, and concedes that the January 14 agreement does not moot Collins. Why, then, might the solicitor general have written it? It’s very tempting to say that it may have been written as a subtle signal that the Biden administration would not be averse to a ruling on Collins that goes the plaintiffs’ way."
I agree with his latest response.
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