Wednesday, June 23, 2021 2:32:39 PM
Either way, this wording on the says that congress can put an anti-injunction clause into any and all govt agencies and no one can win a case against them. SCOTUS bows to the superior legislative branch and the agency can do what they want. I dont know why congress wouldnt do that immediately.
This is the crux of the matter and why this ruling is so stunning.
Instead, we conclude only that under the terms of the Recovery Act, the FHFA did not exceed its authority as a conservator, and therefore the anti-injunction clause bars the shareholders' statutory claim.
I'm struggling to think of what FHFA could do to exceed its authority based on what's "in the best interests of the companies or the agency."
The best interests of the agency might be that the GSE's never leave conservatorship, because there would be no reason for FHFA to exist. The best interest of the agency might be to ensure retained talent of the Director, so they decide to give him every penny of GSE profits as a bonus.
What would happen in any case when the needs of the agency are antithetical to the needs of the enterprises? Evidently nothing. By allowing the needs of the Agency to take precedence over the needs of the enterprises, the agency need never act in the best interest of the companies. What kind of fucking conservatorship is that?
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