William King, on Behalf of Himself and on Behalf of a Class of Others Similarly Situated, et al. v. United States
Whether the Federal Circuit's new rule—that there is no per se taking under the Takings Clause when the plaintiff has a property interest in a contractual right to make a demand on a pool of assets, but does not have a property interest in the underlying pool of assets itself—is consistent with this Court's precedent in Koontz v. St. Johns River Water Mgmt. Dist., 570 U.S. 595 (2013), Brown v. Legal Found. of Wash., 538 U.S. 216 (2003), Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), and other decisions recognizing that the appropriation of contractual rights to draw on a pool of assets constitutes a per se taking under the Fifth Amendment.
Whether the Fifth Amendment's Takings Clause requires a per se taking analysis when a government action impairs a contractual right to draw on a pool of assets without a specific property interest in the underlying assets