NWS is a government to government deal, which is clearly not legal.
FHFA was founded guilty in the jury trial. Why should Fannie and Freddie be responsible for paying the compensation ? That’s strange, isn’t it ? If FHFA doesn’t have the money to pay for the compensation, we should have FHFA bankrupt. Congress will need to take action then. IMO.
A court order super-seeds the provisions with HERA if it is found to be against the law. To determine if this will stand then SCOTUS would have to take up the case for final judgement. The fact that the Gov isn’t appealing explains why in fact they know they are done and broke the law!