FHFA responded to the Collins Plaintiffs’ filing urging Judge Atlas to follow Judge Brown’s dissent in Perry v. Mnuchin. FHFA tells Judge Atlas she shouldn’t because Judge Brown misreads HERA. HERA, FHFA stresses, insulates FHFA from litigation it doesn’t like. A copy of FHFA’s response is attached to this e-mail message.16-cv-03113-0048
FHFA filed its reply in support of its cross-motion for summary judgment on the constitutionality of FHFA’s organizational structure, and a copy of this evening’s filing is attached to this e-mail message. FHFA recycles its arguments that (A) even if the Collins Plaintiffs prevailed, the Net Worth Sweep would continue and (B) the Congress knew what it was doing and was acting properly when it organized FHFA under HERA.16-cv-03113-0049