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Agency Must Discuss Evaluated Weaknesses

Client Alert | less than 1 min read | 09.14.04

In defending its award decision before the GAO in Cygnus Corp., Inc. (Dec. 30, 2003), the National Institutes of Health ("NIH") cited a number of weaknesses in the protester's proposal, but had failed to raise those same weaknesses with the protester during discussions. NIH compounded this error by suggesting in discussions that the protester had adequately resolved a number of other problems also cited by the agency as a basis for the award decision, and the GAO recommended another round of discussions, offers, and a reevaluation.

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Client Alert | 4 min read | 02.20.26

SCOTUS Holds IEEPA Tariffs Unlawful

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress....