FHFA and Treasury delivered their supplemental briefs to the Eighth Circuit this wee, and copies are attached to this e-mail message. FHFA says because the U.S. Supreme Court refused to invalidate the Third Amendment, the Eighth Circuit should follow suit, and FHFA calls the Bhatti Plaintiffs’ theory about President Trump being handcuffed implausible. Treasury urges the Eighth Circuit to affirm the district court’s decision dismissing this litigation.
