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FHFA delivered its Supplemental Brief to the D.C. Circuit today and a copy is attached to this e-mail message. FHFA and the GSEs make it clear they have not asserted a sovereign immunity under the Eleventh Amendment. FHFA presses forward with its argument that HERA insulates it from litigation it doesn’t like. We should see the CLass PLaintiffs’ Reply Brief next week, and at that point the D.C. Circuit should have everything it needs to render a decision in this appellate proceeding.
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