just two reasons ... one, because en banc was not unamious ... and two, judge lamberth really did tell plaintiffs to look at HERA itself, not the FHFA (I'll never find the quote but I am 99.99% sure that's what he said) ... btw and just so you know, I agree that scotus SHOULD be unanimous in retroactively voiding the nws ... aside from the bs language in HERA, this has got to be the largest taking under the 5th ever