Hi Man with No Name,
Didn't the Rop and Bhatti plaintiffs also ask for a complete write down of the SPS since they have been completely paid off? It seems you are ignoring the substance of text of the Trump Letter which stated that the FHFA is trying to" steal the retirement savings of hardworking Americans.."
Why do you put so much trust in an "outlier" decision of the US District Ct. of Appeals. Here is from page 27 and 28 of the March 14th filing by the Rop Plaintiffs.
The Federal Circuit recently endorsed some of Defendants’ arguments, Fairholme Funds, Inc. v. United States, No. 2020-1912, 2022 WL 518222, at *19- 20 (Fed. Cir. Feb. 22, 2022), but it did so with no briefing from the parties on any of these issues. Moreover, the opinion purported The Federal Circuit recently endorsed some of Defendants’ arguments, Fairholme Funds, Inc. v. United States, No. 2020-1912, 2022 WL 518222, at *19- 20 (Fed. Cir. Feb. 22, 2022), but it did so with no briefing from the parties on any of these issues. Moreover, the opinion purported to follow Fifth Circuit precedent; but just last week, that court—with the benefit of adversarial briefing—remanded, rather than rejected, an identical removal claim. Collins v. Yellen, No. 17-20364, 2022 WL 628645 (5th Cir. 2022) (en banc). The Eighth Circuit followed the same course after Case: 20-2071 Document: 40 Filed: 03/11/2022 Page: 28 24 Collins. Bhatti v. FHFA, 15 F. 4th 848, 854 (8th Cir. 2021). 4 Thus, the Federal Circuit’s decision is an outlier.
Doesn't this "outlier" notation indicate that the DC Circuit is setting up a potential conflict with the 5th Circuit if it rules for retroactive relief?
