Perry, Fairholme and Arrowood delivered their Final Briefs in Perry v. Lew to the D.C. Circuit yesterday, and copies of those filings are attached to this e-mail message. The Final Opening Brief is a virtual carbon copy of the Initial Opening Brief (Doc. 1560037) filed on June 29, 2015; the difference is that this Final Brief contains citations to the Joint Appendix. The Final Reply Brief is new, and it is a redacted version. In line with Bruce Berkowitz’s comments at the Harbor Investment Conference yesterday, the Institutional Plaintiffs focus the Court’s attention on the power granted to FHFA and Treasury under HERA and contend those agencies exceeded the power the Congress conferred on them. The Institutional Plaintiffs urge the D.C. Circuit to reverse Judge Lamberth’s decision and remand the cases with instructions to vacate the Net Worth Sweep.14-5243-1602876 14-5243-1602874
