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Thursday, April 13, 2023 11:25:44 AM
I agree with you that a conversion remedy out of the 5th is a "long shot". Kimbrown seems to be right that it would require discovery and the most recent brief by Thompson just stresses that the Plaintiff's want to be put back in the position they would have been but for the Constitutional violation.
It will be interesting to see the sequencings of the Opinions of the 5th and 8th and SCOTUS Opinion on the CFPB and the Cert decision for Rop.
The 5th has added Judge Wilson (DJT) and Judge Douglass (JB) and lost Judge Costa who voted to uphold the NWS in 2019. We are now most likely 8-8 based on last votes and 9-7 if Judge Duncan switches his vote on retroactive relief for a Constitutional defect .
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