Wednesday, March 09, 2022 2:07:05 PM
NWS is ILLEGAL.
Wrong.
SCOTUS ruled that NWS was a completely legal action under the powers of HERA period, not open to interpretation anymore (they also ruled that FHFA is unconstitional and we may be entitled to some retrospective remedy which is now pending in the lower circuits i.e. the Collins, Bhatti, and ROP cases).
The federal court of appeals ruled that the NWS wasn't a takings (could still be appealed to SCOTUS).
The contract case before Lamberth is even if the NWS is legal (like SCOTUS ruled), and the this wasnt a takings (like the federal court of appeals ruled), the GSEs themselves still breached shareholders contracts by agreeing to the NWS, and the GSEs themselves are liable, not the government.
SCOTUS ruled on an APA case and asked why it wasn’t a takings case.
SCOTUS didnt ask why this wasn't a takings case, show me where in writing this is in the opinion. In reality it was an off-hand comment made by 1 judge (Judge Breyer) during oral arguments. If SCOTUS really feels this was a takings they should take the takings case up assuming it gets appealed to them (and I hope they do).
GSEs Litigation 2022
1) Lambert breach of contracts case: Trial July 22, Decision expected 2H' 22
2/3/4) Collins/Rop/Bhatti unconstitutional remedy cases: Decision(s) expected 2H '22
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