The Set Up Fannie and Freddie investors have cycled through the alternative pathways of an administrative and litigation solution to the GSEs’ conservatorship. Treasury’s nationalization of the GSEs and the consequent economic theft of GSE shareholders’ interests continues, all legitimized by SCOTUS in Collins as an “incidental power” that Congress supposedly granted FHFA to pursue its own self-interest, which SCOTUS concluded (without textual authority in HERA) also extends to FHFA’s pursuing Treasury’s interest as the nationalizing agent.
Excellent point on Rop. Fundamentally, judges have to decide which one is a heavier lift, rendering the Constitution irrelevant or nullifying a dying deal - NWS. I imagine that all judges could smell the stink there, but they would rather wait for somebody else to deliver a ruling on it. Well, I expect more delays too.
Trying to decide what the judges will judge...its a crap shoot. To their credit in the ROP oral arguments, judges seemed very weary of making a decision that will allow POTUS to end run the advice and consent clause. IT was somewhat shocking to hear the govt lawyer essentially arguing that there is no limiting POTUS "acting appointments". Strange that such a case of thievery of private property cannot win on merits but justice may find a way because of sloppy political procedure.
Excellent article on GSE's. It appears to me that FF investors have to wait a very long time before they will see a nickel of their hard earned money they invested in FF. None of the courts including SCOTUS has the balls to rule that FF investors were screwed by our Govt. starting with Bush in September 2008 and we are STILL waiting?
I found Tim Howard is too pessimistic about legal outcome. SCOTUS is not neutral, but not too bad. Constitutional claims can proceed. Gorsuch wrote a good dissent about remedy for unconstitutionality. The crack in Collins may turn out to be enough for us.
In Rop, how long is too long for an acting Director to be valid? SCOTUS may not find a solution to help government without long implication of abuse of acting head appointments. This alone can terminate NWS.
The cases in DC district and Claim court cases are all strong.
On admin side, the train of recap and release has not even paused yet. Banks wait for some chance to reverse course in 2024. But then the train may have passed the point of no return.
Quick question: If I sell my shares of FNMA and FMCC to use the losses to offset other gains and then buy back 30 days later (so it's not a wash), do I lose my claim to any relief should the case be ruled in favor of the shareholders?
Fannie and Freddie: Collins on Remand at the 5th Circuit, Rop on Appeal at the 6th Circuit, and How to Judge a Beauty Contest
Excellent point on Rop. Fundamentally, judges have to decide which one is a heavier lift, rendering the Constitution irrelevant or nullifying a dying deal - NWS. I imagine that all judges could smell the stink there, but they would rather wait for somebody else to deliver a ruling on it. Well, I expect more delays too.
Trying to decide what the judges will judge...its a crap shoot. To their credit in the ROP oral arguments, judges seemed very weary of making a decision that will allow POTUS to end run the advice and consent clause. IT was somewhat shocking to hear the govt lawyer essentially arguing that there is no limiting POTUS "acting appointments". Strange that such a case of thievery of private property cannot win on merits but justice may find a way because of sloppy political procedure.
Excellent article on GSE's. It appears to me that FF investors have to wait a very long time before they will see a nickel of their hard earned money they invested in FF. None of the courts including SCOTUS has the balls to rule that FF investors were screwed by our Govt. starting with Bush in September 2008 and we are STILL waiting?
How long before the 5th circuit decision? Also, can they settle before a decision from 5th circuit?
I found Tim Howard is too pessimistic about legal outcome. SCOTUS is not neutral, but not too bad. Constitutional claims can proceed. Gorsuch wrote a good dissent about remedy for unconstitutionality. The crack in Collins may turn out to be enough for us.
In Rop, how long is too long for an acting Director to be valid? SCOTUS may not find a solution to help government without long implication of abuse of acting head appointments. This alone can terminate NWS.
The cases in DC district and Claim court cases are all strong.
On admin side, the train of recap and release has not even paused yet. Banks wait for some chance to reverse course in 2024. But then the train may have passed the point of no return.
Cheer up.
Quick question: If I sell my shares of FNMA and FMCC to use the losses to offset other gains and then buy back 30 days later (so it's not a wash), do I lose my claim to any relief should the case be ruled in favor of the shareholders?