now if you add - EVENTUALLY -- that might be a different story
we - plaintiffs for equity would never have asked for or needed and then received an EN BANC hearing and ruling if the first three judge panel of that circuit - appeals court had ruled for plaintiffs. So that circuit first dais nope to us - then the total court said yup - if FHFA exceeds the law then courts can come in - despite the courts not allowed sign on the fence (written into HERA)