Whether the Government's uncompensated appropriation of private companies' earnings and net worth through the Net Worth Sweep effects a taking under the Fifth Amendment

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.