Replies to post #571960 on Fannie Mae-No Politics (FNMA)

[obiterdictum]

Mr Obiterdictum

Hi Mr. Dax.

Hasn’t Collins vs Treasury asked for a writ as well?

Yes. Collins et al. filed a Petition for a Writ of Certiorari on September 25, 2019. It was docketed on September 30, 2019. On October 30, 2019, the Respondents (Steven T. Mnuchin and Department of the Treasury and Mark Calabria and Federal Housing Finance Agency) are scheduled to respond to the Collins et al. Petition for Writ of Certiorari. See: https://bit.ly/2pOsR0F

If so, has it been assigned a calendar date for conference?

No. Not yet.

Also, I read it is out of ordinary they filed for writ, when they had won there appeal via en banc.

Yes. The specific win concerned Count IV.

But , something about they want to be heard with Seila law, because of the similarity on constitutional nature of CFSB and FHFA. And they want judgement for direction on legality and fair compensation for NWS, which was left in limbo.

No. Collins et al. argue that Collins et al. "is a better vehicle than Seila Law." See pp. 19-23 - https://bit.ly/32GCMUS

Regarding judgment sought, an en banc majority ruled the single-director structure of the FHFA (not the agency itself) unconstitutional and the remedy was to "sever the “for cause” restriction on removal of the FHFA director from the statute. See 12 U.S.C. § 4512(b)(2)." p. 60 - https://bit.ly/2qoSFB5

The was no retrospective or backward-looking relief for the Plaintiffs. The NWS was not invalidated or vacated by the 5th Circuit en banc majority. The Count IV ruling only made possible that the FHFA Director "will immediately be subject to sufficient Presidential oversight." p. 55 - https://bit.ly/2qoSFB5

The petition is out of the ordinary since SCOTUS does not usually grant a writ to prevailing parties. The Plaintiffs', however, argue in the petition that this is not a win and that they are not the "prevailing parties." The Petitioners (Plaintiffs) argue that "the Fifth Circuit ultimately afforded them no relief from the injuries they sustained from the Net Worth Sweep and thus, the "Petitioners are thus not “prevailing parties” in any meaningful sense." see Note 1, pp. 5-6, https://bit.ly/32GCMUS

So, in a nutshell do you know if Collins has a date for conference,...

There is no date. Responses from the Respondents and Amicus Curiae must be submitted first before a conference can be scheduled.

...and Is SCOTUS expected to combine the two cases, to expedite and be more efficient.

There is no argument made by Collins et al. for combining cases. All American makes an offer to do so. https://bit.ly/2BAiGQ7. Seila Law also argues to go alone. See: https://www.supremecourt.gov/DocketPDF/19/19-7/118174/20191004141216726_19-7_CertReply.pdf

The US Supreme Court panel will decide to combine or not.

If Collins does have a date on the calendar, this year and is granted there writ request,, can it be expected o be heard, and an order directed next year?

No date on the calendar. No estimate for timing unless the writ is granted.

Thanking you in advance ,

Dax

You are welcome.

Obit