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Thursday, September 09, 2021 6:00:32 PM
from an unconstitutional removal restriction will invariably be in the government’s
exclusive possession, and the cheap shot FHFA takes at Plaintiffs for relying on
“podcasts and news stories” only underscores the point. See FHFA Br. 9. At the very
least, a remand for discovery into these disputed factual issues is warranted."
"Third, at least two of the judges who formed the bare nine-judge en banc
majority that previously denied Plaintiffs a remedy thought that backward-looking
relief is categorically unavailable in presidential removal cases. See Collins, 938
F.3d at 595–96 (Duncan, J., concurring). The Supreme Court disagreed, see Collins,
141 S. Ct. at 1788–89, and it is thus appropriate for the en banc Court to reconsider."
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