That quoted portion was copied directly from the ruling. Though none of this opining really matters since none of us are involved with making the decisions. SM & MC will continue the sweep until a legal authority forces them to stop it. It’s too good for the Secretary of the Treasury to pass up the free money, he has no incentive to stop the sweep, and he’d catch flak for stopping it on his own since his cabinet position is responsible for funding the government.
As far as SM statement that treasury might appeal to the Supreme Court, that isn’t up to him or the treasury lawyers. That would be up to the Solicitor General to decide if the administration will appeal to SCOTUS and I’m sure he’d be hard pressed to argue this one the same as Treasury lawyers have. If I was the Collins plaintiffs, I wouldn’t settle, seek an emergency injunction against the NWS, and ask for additional remedies based on any actions FHFA takes that harms shareholders between now and the remand opinion in addition.
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