Haven't read the Cedar Nursery Case yet. Given the SCOTUS ruling that the FHFA can pretty much do whatever it wants, at least the Takings Clause would answer the question Why couldn't the FHFA sell all their assets to itself for $1? But they will have to wait for the UST to get paid per the onerous Liquidation Preference in the 4th Amendment.
Hard to believe 12.75 years into a temporary conservatorship and the SCOTUS says Nationalization of two private corporations is allowed under HERAS Incidental Powers provision. They are clearly allowing the tail to wag the dog.
Since HERA was a copy and paste job of FIRREA, did the RTC sell all the assets or profits of its wards to itself for nothing?
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