Exactly Robert - as you pointed out SCOTUS has ruled on this and the question is whether an FHFA action could be challenged under the SCOTUS EPA decision.
If the FHFA tries and Admin action and cramdown now - someone like Pershing Square could go to 5th Circuit and challenge the Admin Action. The political risks is that the Admin Action is stalled and a new Admin comes in. The JB Admin could try this now with a cramdown - could be challenged and delay the consummation of the Utility Model - either DJT or RD win and call the Utility Model work and socialist. Take the 100 to 150 bn from selling 80 pct of the shares by exercising the warrants and call it a victory for free markets and good housing policy.
Crazy to think that the USG can do anything efficiently or timely - especially a cramdown.