Replies to post #681299 on Fannie Mae-No Politics (FNMA)

[kthomp19]

If SCOTUS lets that 'no judicial review' language stand, whats to stop congress from adding that to the language of every bill passed?
It would put the judicial branch of govt out of business.

An anti-injunction clause was in the Safety and Soundness Act of 1992, Section 1369(b)(4) starting at the bottom of page 311:

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

It's essentially identical to 4617(f) in HERA:

(f) Limitation on court action

Except as provided in this section or at the request of the Director, no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver.

So saying that HERA is the problem completely misses the point. It's not up to the courts to strike down all anti-injunction clauses, instead they have to be willing to stand up and declare obviously ultra vires actions (like the NWS) to be ultra vires, thus defeating the anti-injunction clause and allowing for judicial review.