Here is 12 U.S.C. § 4617(f)... (f) Limitation on court action Except as provided in this section or at the request of the Director, no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver.
"Judicial bar on review" is the phrase used by the conservator to prevent Judicial review. It is really about "no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver." and not about bar on judicial review.
4617(f) does not bar judicial review to review whether the decisions are lawful or not.
re the catch 22 related to judicial castration clause - 4617 f - it is there on paper but we see how judges have responded
As I read it all courts have said 4617 f ties their hands and have granted motions to dismiss based on this clause (i.e. no hearing of the arguments) . By inference those judges have found the solution to the Catch 22 is to grant a motion to dismiss
One judge (not court) has found strongly that there is no barrier as the actions were illegal
Sweeny is in the middle
Sweeny has not ruled on GOV motion to dismiss Sweeny instead agreed with plaintiffs arguments that without discovery the judge could not determine if 4617 f
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