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Sunday, March 23, 2014 2:42:18 PM
I think Mr. Olson frames his argument in a way that he can take all the way to SCOTUS, if necessary. Pretty brilliant really.
Judge Sweeney dealt with another point that I was wondering about in the context of the Fairholme case (I think), re the point about whether FHFA is acting as the "gov't." I guess that's important because the Court of Claims has a defined jurisdiction re takings by the gov't. Anyway, she said, in essence, that whether or not FHFA as a conservator was in some sense acting as a private actor (a conservator of an investor-owned company), she was satisfied that FHFA was broadly acting as the "gov't." I think the Court of Claims might have been dismissed if she hadn't found that. I'M NOT A LAWYER. Due your own do diligence.
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