12 Comments

Christian, Highly disappointing and costly decision. What are your thoughts on the way forward?

Expand full comment

curious how a decision might look that would neither hurt FHFA/Treasury or plantiffs, if that's an option.

Expand full comment

They always try to cut the baby in half whenever possible.

Expand full comment

I don't think it is a halfway measure. It is voiding current ruling and a new review.

Expand full comment

In Arthrex, Patent Office has no financial stake in the dispute. So the Director can review the ruling.

In Collins, FHFA Director cannot let gov to pay billions to plaintiffs. He, even if constitutional, cannot review objectively the NWS validity . Conflict of interests. The remedy must consider this. Simple voiding is proper. in oral argument, Gorsuch asked this question: void ab initio the whole contract?

I must say Gorsuch is rigorous and intelligent. His approach solves the problem completely. Otherwise, Washington Federal will ask the question later.

Expand full comment

How unusual is it that SCOTUS skipped us over yesterday? Does doing so suggest they're awaiting input, like, worst case, Yellen's addressing situation in Sept?

Expand full comment

Can you speculate on what impact a positive ruling on Collins might have on the more broad Washington Federal case?

Expand full comment