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Friday, August 06, 2021 4:16:31 PM
I think reading the entire statute together, a question about “Person” becomes a non-question, as Congress designed HERA to specifically preclude the possibility of FHFA v FHFA. Other opinions vary, but my view is This means HERA makes some very difficult and silent assumptions. Thus in my view it means HERA may also violate due process.
I think no one in Congress predicted the NWS so there is no good HERA reading that allows for a suit in such a case. But that very fact of the lack of a pathway is, in my mind, a problem for the government.
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