Sounds right. Clarence, you're going to love this, take a look at the clothes Joshua Thompson wore (it was during the height of the pandemic and he argued from his office or home) when he won the Cedar Point Nursery case!
There the Justices ruled that property rights include the right to exclude, a right we lost when the GSES entered the CONservatorships 14+ YEARS AGO and which means we don't have any 5th Amendment rights in our property!
Clarence, HASHIM M. MOOPPAN of Jones Day is a Counsel of Record for Jones Day in their Opposition to the CFPB Petition for a Writ of Certerrori. Recall, Hashim represented the FHFA in Collins during orals.
Be neat if he was able to argue the CFPB case for the Plaintiff, but they have NOEL J. FRANCISCO, listed as lead Counsel.
Although the Court should deny the Bureau’s petition, if it grants that petition, it should either grant the Lenders’ cross-petition or add to the Board’s petition two antecedent questions that also are presented by the judgment under review: 2. Whether the Rule should be vacated because it was promulgated by Director Cordray while shielded from removal by President Trump under a statutory provision this Court later held is unconstitutional. 3. Whether the Rule should be vacated because the prohibited conduct falls outside the statutory definition of unfair or abusive conduct.