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Thursday, July 21, 2022 1:50:13 PM
I appreciate your responses to my posts!
But I'm not sure this is a bulletproof legal conclusion that we can reach from the Collins opinion. Why?
1). No lawsuit has been filed yet as to whether or not HERA is Unconstitutional under the Void for Vagueness Legal Doctrine as FHFA'S STATUTORY POWER IN HERA "TO DO WHATEVER THEY BELIEVE IS IN ITS OR THE PUBLIC INTERESTS IT SERVES" is a virtually unlimited grant of power to any federal agency by the US Congress.
2). No lawsuit has been filed yet as to whether or not the 3rd Amendment was invalid as it runs afoul of the Major Question Doctrine as articulated by the Supremes last month in West Virginia v EPA. Here, we have UNELECTED FEDERAL AGENCY OFFICIALS deciding on the future direction of the Secondary Mortgage Market Structure in the US and that it would no longer include a private capital in a 1st Loss Position as the UST under the 3rd Amendment swept ALL of the private capital to itself and making sure, "the gses would NEVER be pretend private again."
3). Still undecided is what if anything the Supremes will do about the 3 Judge CAFC Writ of Certerorri.
Neither you nor anyone else has articulated a reason as to why launching lawsuits on 1. and 2. above after the 2 to 5 years the current Litigation has exhausted all possible appeals, will fail to succeed.
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