Replies to post #355986 on Fannie Mae-No Politics (FNMA)

[rosen62]

The remedy was very narrow. It may be a stretch to consider this ruling as a basis for full invalidation. A suggested remedy could simply be eliminating a provision that requires independence while leaving the law unchanged. Would that count as invalidating HERA?

[big-yank]

No pending suit seeks to invalidate HERA. Introduction of this latest ruling's precedent, with eventual repeal of the law as a goal, would require a new suit be filed challenging the constitutionality of HERA. This is a point I have been trying to make for nearly two years on this board. Lamberth underscored this in his decision, just in slightly different words.

All the PHH suit accomplished was pushback from a Director's decision on fines. Interesting to note that the victory in court came, not from disputing the claims of wrongdoing that prompted the fine, but rather from disputing the right of the other party to impose a claim. This is actually very similar to government's strategy by claiming plaintiff's have no right to assert a claim against them.

JMHO.