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Re: RumplePigSkin post# 676656

Tuesday, 05/04/2021 2:42:31 PM

Tuesday, May 04, 2021 2:42:31 PM

Post# of 798233
"The 5 amendment takings vs constitutional separation of powers will be played. Takings 5th amendment provides plaintiffs another avenue …"

Just wondering what constitutes "Will be played." Perhaps in a later lawsuit, but if plaintiffs did not plead it, how does SCOTUS rule on it here? The Supremes don't grant you relief on issues you didn't ask for and raise at the court below.

My concern is that no matter what Justice Gorsuch's or others opinions are of FHFA or HERA, it doesn't necessarily translate to a ruling that frees F&F or gives a specific remedy to shareholders, particularly not a retroactive one. If someone has a framework for how that plays out in a SCOTUS decision, I'm all for it and all ears. I'll check out the cheat sheet you mentioned if.