Fannie Mae-No Politics (FNMA)

[familymang]

Dont get your hopes up. Here is why the Waze (and Fisher) en banc petition to court of appeals in federal circuit has 0.00% odds in my view. To win an en banc petition, you need to win a majority of the circuits judges. In all of the GSEs litigation history, not one democratic judge has ever sided with shareholders (about 15 conservative judges did). This circuit has 12 judges made up of 4 republicans and 8 democrats. Not only that, 2 of the republican judges already ruled against shareholders when they joined the majority 3-0 takings opinion written by a (now retired) obama judge. So that leaves 10 judges left, 8 being democratic appointed. Even if the remaining 2 conservative judges agree with shareholders, you need a total of 5 of the remaining 8 democratic appointed judges to break party lines and overturn their fellow obama appointed colleagues ruling. Its just not happening.

There is a reason shareholders decided to appeal straight to a conservative SCOTUS where they thought they had better odds than appealing en banc to a liberal circuit first. They knew it was a waste of time. So as you can see, yes the takings cases are dead.