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Tuesday, October 31, 2023 9:33:06 AM
Rather, it was phrased as a question asked during the Collins v Yellen oral argument, and it was a single question, asked by a single justice who has now since retired (Breyer). SCOTUS then decided Collins v Yellen (“our last case” as you put it) in 2021.
The CAFC decided Fairholme Funds 2/22/22, and SCOTUS *declined Writ of Cert for the Fairholme Funds Takings claim*. No cognizable property, thus nothing taken.
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