Replies to post #636586 on Fannie Mae-No Politics (FNMA)

[kthomp19]

The GSE Act did not have the bar against judicial review which has been the principle murder weapon in court actions ruled final, to date.

Actually the GSE Act does have limitations on judicial review. Two of them!

Section 1369(b)(4):

(4) LIMITATION ON JURISDICTION- Except as otherwise provided in this subsection, no court may take any action regarding the removal of a conservator or otherwise restrain or affect the exercise of powers or functions of a conservator.

Section 1369D(d):

(d) LIMITATION ON JURISDICTION- Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subtitle (other than appointment of a conservator under section 1366 or 1367 or action under section 1369) or to review, modify, suspend, terminate, or set aside such classification or action.

Those look suspiciously like 4617(f) to me, especially the first one. I do encourage you to read the rest of those sections (search "1369A" and go to the second hit to jump to the right vicinity quickly). I did, and I don't see any "provided exceptions" that would have prevented courts that used 4617(f) to dismiss the cases from doing the same using 1369(b)(4) or 1369D(d) from the GSE Act.

The cases that have been dismissed by 4617(f) have all been about the NWS anyway, so if either the Supreme Court strikes the NWS down or FHFA and Treasury agree to unwind it themselves, all those cases would be mooted and would therefore not be subject to reinstatement no matter what happens to HERA in Collins.