Aris Gloves, Inc. v. The United States

I join in the judgment of the court and in the opinion except where it is inconsistent with what follows.

Plaintiff cites and relies heavily upon Gray v. United States, 21 Ct.Cl. 340 (1886). This is one of the most interesting and able decisions of our predecessors on the subject of Fifth Amendment takings, and respectfully I do not agree with the court’s handling of it. True, i,t was an advisory opinion only. The alleged taking occurred in 1800, and was never within our jurisdiction to adjudicate. The Congress, until recently, often requested advisory opinions of this court and they were…