change of guard in November (leave politics aside), why do u think that they care how it ends. It started before them and ended after them.. so they won't care how it ends
However if the current party wins, there is a chance big what you are saying to happen.. may be... But they can also think we have 4 more years to fix this. Remember after all Mnuchin said it was a first 100 day priority in 2016 interview
I agree. In fact, I agree with most everything in this post except two things:
I think this is a vanishingly small possibility. It would certainly have large and wide-ranging effects, though, so it is a possibility worth taking seriously.
Why on earth would Treasury include the warrants in any settlement negotiations? No plaintiffs at all, let alone the Collins plaintiffs, want the warrants overturned.
If Collins is not settled by December 9 I will strongly consider selling all of my FnF shares because it would be a strong signal that the government doesn't actually want to do recap and release after all. The Supreme Court cannot solve this by itself; the administration must play ball.
"Do they want to take the risk that they have to contend with the costs of finding HERA unconstitutional?"
Why would it be risky for Gov? Revolving door bureaucrats achieved their goals of making money for their lobbyists and cronies. Wallstreet traders made big money shorting everything.
Gov saved failed economy bankrupting FnF and robbed private shareholders capital. Who would pay guaranteed 10% interest on no risk investment.
Only risk is Gov has to return ill gotten money that never belonged to it anyway.