Replies to post #793160 on Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

Assuming that case in the link was never heard en banc, and that it remained a two-person panel majority, their opinion was simply superseded by Collins.

Future lower court decisions are duty-bound to follow Collins, not a conflicting decision in any federal circuit at any level.

[Wise Man]

The conservator has limited powers. You are repeating the take by Bill Ackman, who implied that the SCOTUS said FHFA has absolute discretion (Source).
O Ackman’s clerk, Bradford:

With your quote:

4617f bars courts from questioning the actions of a conservator. As it should.

Justice Alito put the prerequisite "Rehabilitate FnF", when he spotted that "authorized by this section" refers to the fhfa-c's Rehab power: " Put FnF in a sound and solvent condition".
Soundness and solvency are related to Capital levels and reduction of the obligations SPS (with respect to capital stock).
Exactly the 2 exceptions to the Restriction on Capital Distributions.
1-CFR 1237.12 . Recapitalization in a Separate Account.
2-U.S.Code §4614(e): reduce the SPS.


Capital means Retained Earnings account (Core Capital) and since day one. It doesn't have a choice.