Fannie Mae (FNMA)

[clarencebeaks21]

Interesting. I had not seen this. I think this would be a great oral argument to hear.

To me the 8th amendment Excessive Fines question is the more interesting problem.
It’s heard far less frequently than 5th Am
claims, and civil forfeitures under the clause are more of a gray area than criminal forfeitures. Also obviously the local statute which authorizes this kind of excessive inequity needs some guard rails
or it eviscerates both amendment rights. We shall see.

The Amicus brief quote you provided about Unjust enrichment is a plausible theory; most states require all other issues to be exhausted before the court will address it (it’s an implied contract claim). This is why the Amicus discusses it as a theory of last resort.