The NWS "dividend" is legal, if applied towards the repayment of the SPS and recapitalization, the exceptions to the Restriction on Capital Distributions. A Separate Account plan.
The Supreme Court omitted that any action in the best interests of the Agency must be "authorized by this section". Deplete the Core Capital (Retained Earnings) isn't authorized.
Dividends are restricted until FnF meet the Capital adequacy, suspended and out of funds legally available, which there were none (deficit in the Retained Earnings account all along)
That is, it was a capital distribution under the guise of dividend and not an actual dividend.
You ignore what a dividend is. This is why you say "NWS", instead of "NWS dividend".