Because he has to! He has to take the side of his employment!
There is no other reason to send a letter at this late stage when the ruling is about to be released. I think somehow the Gov got there hands in the potential ruling before release.
One must be a layer to understand why sent the letter about the 3rd Amendment being just case! I suspect because the court will find it inconsistent with HERA and rule it un constitutional. Hence why the letter was sent yesterday
You are reading too much into this. Calabria does not support the NWS. He has said it multiple times. The mention of the third amendment in the letter is at the very end in passing and very vague. The majority of the letter is concerned about the constitutionality of the FHFA. The judges will throw this letter out. They had there chance. It has nothing to do with the original en banc all about the NWS.