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Re: FOFreddie post# 755637

Monday, 05/22/2023 12:48:16 PM

Monday, May 22, 2023 12:48:16 PM

Post# of 796168
"The court acknowledged that there may be some “narrow” cases in which it is not necessary to send a case back to the agency – for example, when an agency is required to take an action, so that the rationale is less important. But in this case, the court reasoned, the FDIC’s decision about “whether to sanction [Calcutt]—as well as the severity and type of any sanction that could be imposed—is a discretionary judgment” that is “highly fact specific and contextual.” “To conclude, then, that any outcome in this case is foreordained is to deny the agency the flexibility in addressing issues in the banking sector as Congress has allowed.”

https://www.scotusblog.com/2023/05/justices-rule-on-challenge-to-fdic-order/