This is what the SCOTUS said after 2 years of the case sitting in their inbox: "we conclude that the FHFA’s structure violates the separa-
tion of powers, and we remand for further proceedings to
determine what remedy, if any, the shareholders are enti-
tled to receive on their constitutional claim." This is the only issue ripe that is left from the original complaint filed by the Collins Plaintiffs in 2016.
I think it would be great if the EnBanc Panel ruled via a Summary Judgment in favor of the shareholder Plaintiffs with the accompanying damages their lawyer has advocated and I'd love to see them do that! The DJT letter may be enough to get there.
It would take 9 or more Judges on the EnBanc Panel to do so. Of course the government will petition the SCOTUS for a Writ of Certiorari but the SCOTUS could deny that and the EnBanc Panel Summary Judgment would stand.
The major problems COULD be (1) that appellate courts don't do factual determinations like trial courts do (2) at least one EnBanc Panel judge asked why DJT didn't order SM to eliminate the LP and deal with the warrants (3) it's a big ask in terms of dollars and (4) DJT wasn't even in office at the initiation of the Collins Plaintiffs Complaint and there has been no discovery.
Is the DJT letter enough? Let's see what happens.
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