Are you confusing Gretchen Morgenson with Rhoda Morganstern?
No judge/judge's panel worth their salt will defer any decision on any pending Fannie Mae suit because of a disconnected election timetable. The judiciary is not a politically driven estate. I believe a decision in the Perry Appeal has already been reached and is only awaiting the final written ruling to be fully texted with annotated legal support, with two judges assenting and one judge dissenting. I expect this will be released LONG before the November election and possibly as early as on or around October 1st.
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