128 sats \ 7 replies \ @Arceris 5 Jul \ parent \ on: The Federal Reserve, Custodia Bank, and the battle for Constitution sovereignty bitcoin
I think it's the first time anyone has tried it, and Paul Clement is definitely the guy who can get that done, if anyone.
Chevron was case law.
Federal Reserve Act was a statute. They have no chance of winning. The headline is misleading and too optimistic
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I'm not sure Custodia's chances are low overall. Though if you're referring to winning on the specific argument that Clement is making, I may agree with you - that is a much more ambitious argument.
Limiting it to the statutory analysis, however, Custodia's case is pretty good. The District Court really tortured the plain language of the statute to give the Federal Reserve the win here - including ignoring a decision in the 10th Circuit that said the opposite (Fourth Corner -- though that decision is not binding due to the nature of how it was decided).
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That's good news regarding the statute
They should marshal their best arguments
In rejecting their application, the Fed cited the lack of FDIC. Why not buy FDIC to improve your odds?
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The Fed is being disingenuous with the FDIC statements. There are at least 400 banks without FDIC insurance, and FDIC insurance is also entirely unnecessary for a fully reserved bank. The FDIC protects against bank runs in a fractional system, and a fully reserved bank cannot be run, by definition.
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Many economists and legal scholars have wondered about the extra constitutional structure of the Federal Reserve
Before 1914 no central bank 🏦 in American
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