Replies to post #647014 on Fannie Mae-No Politics (FNMA)

[kthomp19]

So in other words the SCOTUS will find:
1) is “For cause” legal (12 U.S.C. §4512(b)(2) Term)
2) should the 3th amendment or final action the FHFA took (the conservatorship) be set aside as it was an unconstitutional agengy by “for cause” and should it strike down 12 U.S.C. § 4511(a) Establishment

Yes, these are just restatements of the questions in front of the Supreme Court.

3) 12 U.S.C. 4617(f) is illegal both ways, in an independent agency style, it precludes the courts, and as executive agency it precludes the court from taking action, so they either way have uncontrolled massive power and nobody is responsible in case of a mistake

False. Question 3 doesn't address the legality of 4617(f). In fact, the question has an implicit assumption that 4617(f) is legal! Otherwise the question wouldn't make sense.

4) 12 U.S.C. § 4617(b)(2)(A)(i)) does not prevent shareholders from challenging the Third Amendment , as otherwise the shareholder interests are not protected, any action they take that acts outside there statute can be challenged

That's your answer to Question 4, but the Supreme Court might not agree. And, as with Question 3, this question has an implicit assumption that 4617(b)(2)(A)(i) is legal.

as a consequence ,12 U.S.C. 4617(f) need to be severed from HERA and with that the fiduciary duty is back for shareholders

1) 4617(f) is assumed to be legal and will remain in place. HERA functions just fine with a changed removal clause and 4617(f) remaining intact.
2) 4617(f) has nothing to do with FHFA's lack of fiduciary duty to shareholders. How do you make such a connection?

[Dax1]

I think what your saying is if the 3rd is severed. Any damages or financial consequences are to be decided by the 5th circuit court. Is that right. If so, and judge Atlas rules govt owes $200B(example) can’t the govt appeal, that is to high? And back we go to Supreme Court. I guess I’m hoping SCOTUS can set some criteria for damages allowed, so we aren’t in a prolonged circle.