Fannie Mae (FNMA)

[ano]

it is not necessary to include FNMA in the class, the lawsuits are all intertwined, the government first must survive the statutory and constitutional claim, the SCOTUS said statutory claim is barred by 4617(f) but that doesn't mean the money grab by the conservator is now legal, only HERA allowed this money grab so the conservator did not exceed its “powers or functions", on the other hand, the constitutional claim is unconstitutional, so now the question is, if the FHFA is unconstitutionally structured how could a statutory claim be barred while the agency itself is unconstitutionally structured? this is a ratifying problem as absent authority the statutory claim could not have failed let alone be barred

then as a follow-up the Bhatti/Rop/Wazee lawsuit
these lawsuits hold that if the FHFA is unconstitutionally structured the agency cannot be independent as when its structure violates the separation of powers it thus must strike down the violating provisions:
12 U.S.C. § 4511(a) Establishment independent
12 U.S.C. § 4512(b)(2) Term "for cause"
12 U.S.C. § 4617(a)(7) Agency not subject to any other Federal agency
12 U.S.C. § 4617(f) Limitation on court action (anti-injunction clause)

then to make matters worse for the government we have Fairholme federal court case:
this case holds that the Conservatorship is "a taking" of private property for public use, but Because the SCOTUS in its opinion was barred by 4617(f) it thus is "a taking" as it was allowed by HERA

so now the SCOTUS found 4512(b)(2) is unconstitutional

4512(b)(2)Term
The Director shall be appointed for a term of 5 years unless removed before the end of such term for cause by the President.

but what to do with the provision? should it be stricken or modified and is the new structure now legal or do the courts now make the new structure unconstitutional by modifying the old structure? or do the court not have the power to alter the intentions of Congress and is HERA thus void-ab-initio?

Then we have a host of other problems, but we can conclude that whatever is found counts for both Fannie and Freddie

could FNMA be added as a class somewhere along the way in this lawsuit