Fannie Mae (FNMA)

[ano]

Barrett’s Derivative Claims

A) The derivative non-constitutional claims
B) Barrett’s constitutional derivative claims
1) Barrett’s takings claims
2) Barrett’s illegal exaction claim
3) Barrett’s separation-of-powers claim

The derivative non-constitutional claims
Among others, the estoppel doctrine prevents a person from re-litigating an issue and the court reasoned the Perry case was decided

Barrett’s takings claims
Congress enacted the self-dealing so the action is allowed per this provision

Barrett’s illegal exaction claim
It is not an illegal exaction as it was enacted by congress, and therefore it cannot be illegal

Barrett’s separation-of-powers claim
1) this is where the COFC copy-pasted the incorrectly SCOTUS opinion “the SCOTUS fourth amendment in 2019 which eliminated the variable dividend formula the shareholders claim caused their injury. That amendment eliminated any claim for prospective relief which shareholders could assert with respect to the net worth sweep”
so prospective relief is back, as the 4th amendment only temporarily paused the 3rd amendment
2) is about an acting director, but as courts explained earlier an acting director can be fired “at-will” by the president so the implementation of the net worth sweep could not be attacked.
3) is about adequate presidential oversight, this is the same as 2) as in both the president had a say

Then it comes to the conclusion Barret cannot be given relief as the SCOTUS already gave it, so:
“Barrett no longer can assert such a claim on which relief can be granted and that his separation-of-powers claim must also be dismissed under Rule 12(b)(6)

Then the COFC ruling (Fairholme and others) is important for the government as to when Judge Atlas(Collins) made the ruling first, the COFC could not have dismissed the Fairholme case (as Collins will impact the FHFA independency), so it was particularly important for the government that before Atlas ruled the COFC case was dismissed

How is this consistent with the REMAND to the Southern District of Texas or the current pending consideration of the Plaintiff's motion for Declaratory Judgement in the All American v CFPB case that also was heard En Banc on January 19th by the 5th Circuit?