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Havoc5

06/28/21 5:30 PM

#686788 RE: kthomp19 #686787

Yes, as Gorsuch writes in the opinion.

Let's hope the lower court follows relief precedence for Article 2 violations to highlight the issue.
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FOFreddie

06/28/21 8:55 PM

#686816 RE: kthomp19 #686787

Kthomp and Robert - regarding precedent - what do you think this portends for Farmer Mac? - are there others? How about the implied full faith or is it fool faith? Seems like there is a lot of interest rate risk on the UST balance sheet and all the implied full faith debt - perhaps Congress can change the regulations and then give the HERA power to new regulators to do what they want?
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Mnemonic

06/28/21 11:44 PM

#686833 RE: kthomp19 #686787



That is certainly a fear I have. Jeremy Cain wrote a great tweet about this, showing that even FDIC conservators have their own "self-interest" clause.

As bad as the Collins ruling was for shareholders, its potential precedential effects are even more chilling.



So the question is, if this proves to be a bad ruling that misinterpreted of the law, what recourse does anyone have? I know SCOTUS has overturned itself before, but this doesn't seem very likely.