Replies to post #681400 on Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

https://amp.dispatch.com/amp/7476076002 "Landlord" or "Housing Provider", which one sounds less evil?

"If you ask the people who provide these small portfolios of housing why low-cost housing options are disappearing, they will cite the swarm of rules and regulations combined with COVID-19 eviction bans encouraging residents to withhold rent."

"Changing the term “landlord” would mean the laws in Ohio would reflect this reality; people who work hard every day to serve their customers are housing providers, not impersonal, wealthy interests bent on eviction."

https://mynorthwest.com/2945519/cancel-the-rent-extend-moratoriums-seattle/amp/

https://www.marcusmillichap.com/research/research-brief/2021/06/research-brief-june-housing

Lajrchamp:

I think the cleanest and easiest path to "victory" (i.e., ending the sweep, returning $29.5B and LP to 0) is by the court ruling the sweep an ultra vires act in violation of the APA and the anti-injunction and Succession Clauses do not apply in this fact pattern and remand to the 5th.

The Severability Analysis is a little more messy. Remember Sotomayor asking David Thompson, "Why should YOU be entitled to anything just because the Director was unconstitionally insulated?". Same kind of resistance we saw in the 5th EnBanc. Of course Bulldozing HERA would be fun (that would unscramble the egg) but we'll see what happens on that one, I think Kagan, Sotomayor and Breyer will dissent on some aspect of the Severability Analysis.