Since the Calcutt plaintiffs won the first question (should the case have been remanded back to FDIC in the first instance [scotus says yes]), the second question (what evidence must be provided in separation of powers case) became null / irrelevant at this stage so they didn't need to address it. not negative not positive, doesn't effect us at all.
"The court acknowledged that there may be some “narrow” cases in which it is not necessary to send a case back to the agency – for example, when an agency is required to take an action, so that the rationale is less important. But in this case, the court reasoned, the FDIC’s decision about “whether to sanction [Calcutt]—as well as the severity and type of any sanction that could be imposed—is a discretionary judgment” that is “highly fact specific and contextual.” “To conclude, then, that any outcome in this case is foreordained is to deny the agency the flexibility in addressing issues in the banking sector as Congress has allowed.”
I expect the ROP plaintiffs to file their final reply brief at some point this week (or next week latest), and for SCOTUS to decide on the petition by June or early July.