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Re: Donotunderstand post# 681130

Thursday, 06/03/2021 2:20:14 PM

Thursday, June 03, 2021 2:20:14 PM

Post# of 795931
If the SCOTUS says that the incidental powers in HERA allow the FHFA to sell all of the equity interests and all future profits in the gses to itself for $1 dollar because it "may" be in the FHFA'S INTEREST, then not only would they be ignoring HERAS general mandate to preserve and conserve their wards assets, THEY WOULD BE OVERTURNING 100'S OF YEARS OF CONSERVATORSHIP LAW!

Can you think of a temporary conservatorship that has lasted over 12.5 years, where the Conservator has taken all of the profits of its Conservatee?

The whole thing is bizarre and as Judge Steele pointed out, this "May" versus "Shall" issue that has tripped up the lower courts is 1st year law student stuff.

But if the SCOTUS really wants to do a remedial dodge in Collins they could probably figure one out, but I can't think of one can you?

They could say, "Ha Ha, the anti-injunction clause prevents us from issuing the Plaintiffs relief, or ONLY THE FHFA CAN SUE ITSELF", but that seems unlikely to me.

We'll have to, and I'm quoting your FAVORITE POTUS, "See what happens!".