UPDATE: The Supreme Court has ordered (requested) the Solicitor General to file a response to our petition.
Question presented: May the federal government take an owner’s property in violation of the Fifth Amendment and deny the owner the ability to vindicate his right to be justly compensated in an Article III Court with right to jury trial as provided in the Seventh Amendment?
Eighteen amici curiae parties have filed five amicus briefs in support of the landowner-plaintiffs’ petition for certiorari in Brott v. United States. The Tucker Act requires all Fifth Amendment taking claims against the federal government that exceed $10,000 to be brought in the US Court of Federal Claims (CFC). The CFC is an Article I tribunal, not an Article III court, and the judges serving on the CFC do not enjoy the protections afforded Article III judges. Decisions of the CFC are subject to appeal to the US Court of Appeals for the Federal Circuit.