Crystal-Ball Jurisprudence Critiqued
Client Alert | 1 min read | 04.17.09
In the ABA's latest edition of the Public Contract Law Journal (Winter 2009), Crowell & Moring's Rick Claybrook suggests in his article, Please Check Your Crystal Ball at the Courtroom Door--A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job, that the CFC and Federal Circuit need to reanalyze their review and use of the prejudice standard in bid protest actions. He suggests that the courts usurp the procuring agency's function when they prognosticate what the agency will do upon remand of an illegal procurement and outlines a more deferential prejudice standard.
Insights
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.
Client Alert | 7 min read | 02.20.26
Section 5949 Proposed Rule Puts the FAR Council's Chips on the Table
Client Alert | 5 min read | 02.20.26
Trump Administration Pursues MFN Pricing for Prescription Drugs
Client Alert | 4 min read | 02.19.26
Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms
