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Tuesday, September 14, 2021 12:52:32 AM
Well, correction, I think:
It says the 50% would be recognized upon *Administrative* rule and policy. This means the Executive branch (President) including any federal agency actions.
It also says *no* recognition ($0) for legislation, *until* fully passed & signed!
Quote:”Maybe things have changed post Collins which will prompt JB to go back to the NWS (&) indefinite conservatorship?”
I don’t see justification for a reversion to the original NWS. Despite popular criticism, the Collins decision reaffirms that at minimum, FHFA *must* follow a reasoned decision-making process as Conservator, to avoid a finding of APA arbitrary action. So an excuse like “the devil made me do it” would not fly (but admittedly, the bar seems barely higher…). Bottom line, FHFA and Biden would need to state a real rational justification plus support it with an objectively verifiable record.
SCOTUS is not gonna fall for the “banana in the tailpipe” twice. Though they may still slip on a peel.
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