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Sunday, May 23, 2021 8:50:50 AM
So do I, as such a victory would make me very wealthy. The Supremes, however, are known for ruling on the most narrow of technical legal grounds. From the tenor of their questions, it seems almost a certainty the NWS will be deemed ultra vires. There's no rational basis to argue that it was implemented to make F&F whole, or preserve and conserve their assets. The Third Amendment was a cynical and bad faith move to do the exact opposite, and Justices had eight years of evidence before them to prove it. My concern has always been what remedy they opt for. Justice Breyer asking why this wasn't brought as a takings clause case signals they (at least he) might not opt for a direct remedy like damages for shareholders because that issue is not before them. Maybe we get some language (dicta) saying shareholders would be due a remedy should they being such a claim. If so, that would have the way for more suits, and speculation alone would likely create a bubble in the share price. Trust me, I wish your solution is the one they opt for, and maybe they do because of the bad faith inherent in the NWS,but I'm just not counting on it.
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