Fannie Mae (FNMA)

[obiterdictum]

Good Morning Obi - your perspective would be appreciated.


Good Evening FOFreddie...

It looks like Judge Atlas retired in 2021 so wont the case on REMAND be reassigned?

https://www.txs.uscourts.gov/page/history-district-judges

Effective March 21, 2021, Senior Judge Nancy Atlas took inactive senior status. This does not mean that she no longer takes on judicial responsibilities. According to one document, whatever was on her docket, she would retain. Was the Collins case on her docket? I do not know. The reassignment of judges is commonplace, and so, we can wait and see what will occur in the near future, if the reassignement has already taken place.

See: https://www.txs.uscourts.gov/file/5796/download?token=JjJI9K_l - a PDF file will download if you click this link.

If the 5th Circuit grants Declaratory Relief in the All American Check Cashing case on behalf of All American - wont that be precedent for the Southern District of Texas on REMAND. The All American Check Cashing case has alleged Article I funding and Article III separation of powers Constitutional defects. The basis for Declaratory Judgement in the Article III separation of powers violation is that the CPFB continued with the litigation and assessed penalties against All American during the tenure of a CPFB Director that was not removable by the Executive Branch even though the administrative action was later ratified by a properly appointed Director of the CPFB.

Since Atlas'court is within the 5th Circuit Court of Appeals jurisdiction, decisions and rulings made by the 5th Circuit Court of Appeals have precedence in the lower district courts in the circuit. Even so, for a precedent to be binding and not merely persuasive, attorneys in the lower district court must present a case argument that matches closely, or is identical to the facts, events, and issues of the superior court's prior decision.

https://www.ca5.uscourts.gov/OralArgRecordings/18/18-60302_1-19-2022.mp3

This hearing was the 2nd En Banc proceedings that were completed immediately after the Collins oral arguments on January 19, 2022.

If you listen I think you may think Judge Edith Jones is a rock star.

Thank you for the MP3.