I suppose that is possible ... though I'm not sure why they would wade into any one particular issue ... as that might not solve any particular legal principle (for cause termination, anti-injunction, etc.) ... it might also cause unintended contradictions ... and I realize my scenario is worse case, but the en banc dissenters keep me up at night ...
Best I understand no plaintiff has asked for cancelling the SP shares
And - hard to see on what basis SCOTUS would say that F and F do not need to pay that back
Could SCOTUS cancel the NWS - which is then those dollars paid > 10% ?
Maybe - but again not lightly
Can they say
Courts can rule here - 4617 or whatever does not stop them The NWS appears over reach by the conservator needing attention and remediation That the amount of time that F and F have been in conservatorship seems long
Yes to the last three
So - summary is positive statements of direction and focus and remand