Replies to post #619419 on Fannie Mae-No Politics (FNMA)

[kthomp19]

If the GSE's are released under consent decrees and the Conservatorship is ended prior to oral arguments doesnt Seila become a clear precedent since FNMA and FMCC are no longer government owned?

One would think that the Supreme Court would want to fix what looks like a constitutional defect in HERA because it is so similar to what they called a defect in Dodd-Frank, whether the case gets settled or not. Beyond that it's hard to say what they will do.

Roberts made a reference to the government owned status in the Seila paragraph referencing FHFA/

Here is that paragraph, from page 20:

The only remaining example is the Federal Housing Finance Agency (FHFA), created in 2008 to assume responsibility for Fannie Mae and Freddie Mac. That agency is essentially a companion of the CFPB, established in response to the same financial crisis. See Housing and Economic Recovery Act of 2008, 122 Stat. 2654. It regulates primarily Government-sponsored enterprises, not purely private actors.

He says that the GSEs are not purely private, not that they are government-owned.