Replies to post #748606 on Fannie Mae-No Politics (FNMA)

[NeoSunTzu]

“Is 5th Circuit Appealate Panel Decision in CFPB really of national importance, wouldn't it largely be confined to the 5th Circuit (Mississippi, Louisiana, and Texas) and not be precedential in the other Circuits?”

It is ONLY binding on federal courts in the Fifth Circuit, so yes, only those 3 states.

I could be wrong, but I do not believe this to be true. The law and the courts can be tricky subjects to comment on but I believe that Federal Circuit courts have nationwide jurisdiction in many areas like some monetary claims against the U.S. government, administrative agencies, government contracts, federal personnel, patents, trademarks, international trade, and some others. If the losers do not like the decision then they can appeal to the Supreme Court.

The real question is if the decision is favorable from our perspective will someone be able construct a case, gain a hearing, and produce a relevant, applicable winning argument in court for the GSEs.

[clarencebeaks21]

“Wouldn't the SCOTUS be reluctant of invalidating Dodd Frank (or Hera?) as over a decade of CFPB (or FHFA?) agency actions could in theory be invalidated?”

I would assume so. But they still have a job to do, and they can manage that reluctance in different ways.

One way is to simply not hear the CFPB request for Writ of Certiorari, I.e., wait for a different federal circuit to decide on a contrary but workable remedy precedent.

Another way is to decide the CFPB request on the shadow docket, though I think that option makes less sense because of the novel nature of the claim.

[Donotunderstand]

I have stopped expecting this SCOTUS (ruled by politics and more politics) to be consistent in the law and constitution

They seem to have an answer and go back to find justification and somehow argue it is originalism