“So the fact that there is no direct remedy requiring FHFA to cancel the contract with Treasury doesn't not mean there isn't some serious maneuvering needed to avoid another obvious contract breach and pay more damages.”
Whether an implied breach of the covenant of good faith and fair dealing might be found for a subsequent amendment is a separate question from whether the NWS alone first rendered the SPSA illegal or unenforceable. I discussed only the latter, not the former. I never denied the former, and so while to reply by proclaiming its possibility is normally a straw man, I’ll give you the benefit of the doubt. You just misunderstood, evidently.