CFC Has Jurisdiction Over "Nonprocurement" Protests
Client Alert | less than 1 min read | 03.29.10
In Resource Conservation Group, LLC v. United States (Mar. 1, 2010), the Federal Circuit found that the Court of Federal Claims had jurisdiction to adjudicate a protest involving a Navy solicitation to lease its own real property to another party. GAO and CFC had each dismissed the protest, but the Federal Circuit held that, although there was no jurisdiction under the bid protest provision inserted by the Administrative Dispute Resolution Act because the Navy's attempt to lease its own property was not a government procurement, the Tucker Act's pre-ADRA, implied-in-fact contract jurisdiction for nonprocurement protests survived because ADRA did not otherwise provide a remedy for such disputes.
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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.
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