Supreme Court Report

Supreme Court of the United States · Official docket →

Andrew T. Barrett v. United States, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1912, 2020-1914 · judgment February 22, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In 2012, the Government expropriated the net worth of private companies, Fannie Mae and Freddie Mac, by arrogating for itself the Companies’ earnings in perpetuity. The Federal Circuit held this “Net Worth Sweep” did not effect a compensable taking because the Government had purportedly eliminated the Companies’ “cognizable property interest” in their own earnings and net worth through the enactment of the Housing and Economic Recovery Act of 2008. The question presented is whether the Government’s uncompensated appropriation of these private companies’ earnings and net worth through the Net Worth Sweep effects a taking under the Fifth Amendment.

Counsel of record

For petitioner
David H. Thompson
Cooper & Kirk, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Related
Vide, 22-100, 22-97, 22-98

Linked docket
21A711

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Nov 30 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Nov 29 2022
    Reply of petitioner Andrew T. Barrett filed. (Distributed)
  4. Nov 09 2022
    Brief of respondents United States in opposition filed. VIDED.
  5. Sep 30 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2022.
  6. Sep 29 2022
    Motion to extend the time to file a response from October 3, 2022 to November 9, 2022, submitted to The Clerk.
  7. Aug 08 2022
    Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2022.
  8. Aug 05 2022
    Motion to extend the time to file a response from September 1, 2022 to October 3, 2022, submitted to The Clerk.
  9. Jul 22 2022
    Petition for a writ of certiorari filed. (Response due September 1, 2022)
  10. May 12 2022
    Application (21A711) granted by The Chief Justice extending the time to file until July 22, 2022.
  11. May 09 2022
    Application (21A711) to extend the time to file a petition for a writ of certiorari from May 23, 2022 to July 22, 2022, submitted to The Chief Justice.