 inversecondemnation.com 
Here's the latest in a case we've been following.
The federal government has asked (and been granted), an extension of time in which to file a cert petition in the Darby case.
That's the one in which the U.S. Court of Appeals for the Federal Circuit allowed a claim that the federal government is liable for a physical taking for the Center for Disease Control's residential eviction moratorium. The U.S. Supreme Court eventually invalidated the moratorium, and several property owners who were prevented from removing tenants are seeking just compensation.
There's nothing particularly earth-shattering about the government seeking more time. Indeed, it is rather routine. But the request included a somewhat unusual peek behind the Solicitor General curtain. We suppose the SG could have just asked for more time, and it would have been granted. But the request included an indication that there's a bit of contention within the government about whether to file, or not file:
3. The Solicitor General has not yet determined whether to file a petition for a writ of certiorari in this case. The additional time sought in this application is needed to continue consultation with components of the federal government, and to assess further the legal and practical impact of the court’s ruling. Additional time is also needed, if a petition is authorized, to permit its preparation and printing.
Application at 5.
Will it or won't it? We won't know until the SG either files a petition, or the extended time expires.
Stay tuned.
Application for an Extension of Time Within Which to File a Petition for a Writ of Certiorari to the United...
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