Recently Judge Lamberth ruled that FHFA (any Gov actor) can not make arbitrary rules even though authorized by law to make rules.
BTW it is FHFA regulator that is making the rule and not the FHFA conservator.
Is it legal or do any laws authorize FHFA to regulate FnF (non-banking institutions) as banking institutions with bank like capital requirements? Can such arbitrary capital rules be challenged in courts?
Should not plaintiffs add this legal challenge to current law suits? This is the foundational question to challenge bureaucratic tyranny (that led to imposition for perpetual conservatorship, tyrannical SPSPS agreement and NWS).