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mrfence

09/28/20 9:47 PM

#634614 RE: FOFreddie #634513

SPOT ON FoF...


Regarding the SCOTUS case - I am thinking the big Kahuna here is the opportunity to overturn Humprey's Executor like Justice Thomas wanted in Seila. For those who support liberty and see the wisdom on how the election of a reformed minded POTUS can conterbalance the potential oppression of the Administrative State - the overturning of Humprey's could have far reaching and lasting impact. You will notice most of the Amicus briefs advocate for this including Gorsuch's old clerk at the Pacific Legal Foundation.


IMO all should listen to the recorded Seila arguments to hear the tone and get a feel for where SCOTUS wants to go and how the FHFA agency is the perfect case vehicle to revisit Humphrey's Executor subsequently overturning it and setting precedent that lights a fire under da Federal Reserve's shorts ;-)

Big Fish Fry coming up! :-D
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Robert from yahoo bd

09/28/20 11:21 PM

#634632 RE: FOFreddie #634513

Thanks, I thought I had responded earlier today to you with some good thoughts on this but maybe I didn't hit submit post (or is it possible for a "moderator" to delete your post unilaterally without notice?).

In my reply earlier today, I stated that the USSCT seems like it is moving toward the Unitary Executive principle, which simply reinforces the Founding Fathers ideals that potus should be able to execute the laws unencumbered by artificial constraints imposed by Congress, such as five year carryover terms and insulated directors of federal agencies.

Collins has put the Humphreys Executor issue on a silver platter for the USSCT to reverse if they so choose!

We know Thomas and Gorsuch are ready to fire up the bulldozer and jettison Humphreys and possibly HERA. ACB, as a strict constitutionalist will likely join them, but that leaves Roberts, Alito, and Kavanaugh, and at least 2 of them would be needed.

I think Kavanaugh and Roberts want to use the scalpel approach to do the least amount of harm to HERA, but if ever there was a federal agency that abused its governmental power and infringed on the peoples' liberties, the FHFA is a prima facia example of that, and if SCOTUS were to use a bulldozer to send a message to the Legislative Branch, this would be a good case to do it!

BUT, invalidating HERA, could be a case of the devil you know is better than the devil you don't know!

For instance, it could force Congress to write a new law that possibly puts us in a much worse position.

I still think that they will use a scalpel and if they realize just how abusive and coercive the FHFA/UST were here, from the original motives of UST to enter the conservatorship to the FHFA/UST Net Worth Swipe, then they could remedy Plantiffs Collins with a invalidation of the Net Worth Sweep via the APA claim.