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Limits On Bid Protest Review Reinforced

Client Alert | less than 1 min read | 12.08.09

In Alabama Aircraft Indus., Inc.--Birmingham v. U.S. (Nov. 17, 2009), the Federal Circuit reversed the lower court for rewriting the RFP and then finding that the agency had not conducted a reasonable price realism analysis, when its review should have been limited to whether the agency's evaluation was consistent with the criteria as set forth in the RFP. The appeals court noted that this was not a case in which the agency had failed to consider an important aspect of the situation, but, rather, had considered it in a reasonable way different from that articulated by the lower court.

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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....