So long as there are viable Constitutional Challenges pending in the federal courts, the status quo of rebuilding capital organically (which is really what a conservator is suppose to be doing) will likely continue.
The Executive Branch may be hesitant to attempt another $100B+ cash grab from their wards if the major decision makers in the federal government realize that the shareholders may eventually prevail on one or more of their Constitutional Claims. The current administration may or may not be a little 'gun shy' if the $400B student loan forgiveness program is ruled unconstitutional under the MQD or for another reason.
That's why it's a worthy endeavor to consider brainstorming potentially viable Constitutional Challenges and debating the pros and cons.
If the FHFA's stated goal is to follow the law in HERA and truly rehabilitate the GSES and prepare them to exit the conservatorships, then organically rebuilding capital in the status quo is a viable solution.
A court order invalidating the NWS would be a means to an end of rehabilitation and exiting the conservatorships.
News 
Market Data 
Discover 
AI
