The government filed its brief today telling the U.S. Supreme Court it should decline to review the Federal Circuit’s decision, and a copy of that brief is attached to this e-mail message.
The Federal Circuit’s decision “does not conflict with any decision of another court of appeals,” the Solicitor General notes at pp. 18 and 26 of her brief. Indeed, Ms. Prelogar. That’s because no government agency in world history has ever taken control of two of the largest shareholder-owned companies, gathered all of their future earnings into a pile, and given that bundle of value to a government in exchange for rescue financing that nobody’s ever demonstrated was necessary in the first place.