Yes! If NWS or any part of the agreement is unconstitutional then this opens the "perfect storm" door. The questions is what does the administration want. The purchaser is the treasury, Mnuchin/Trump would hold all the cards. If the administration is so inclined, and the court opens the door, they can ensure the GSE's remain private, and are instantly capitalized. If Congress objected, their only course of action is new legislation, BUT they would not be able to "re-do" what was undone. For me the most interesting part is the language of the agreement "determined to be," does not necessarily mean court. IMHO, a legal review from the OLC may be enough, thoughts? Fully aware that this is the long shot lotto perfect storm scenario, BUT if the door opens it is actually the easiest way.
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