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CMS Loses Medicare Protest Under New Competitive Procedures

Client Alert | less than 1 min read | 05.19.06

In one of the first procurements to use competitive procedures for the selection of Medicare carrier and fiscal intermediary contracts, GAO sustained the protest in CIGNA Gov't Services, LLC (May 4, 2006, http://www.gao. gov/decisions/bidpro/2979152.htm) because CMS had allowed the awardee to make multiple changes to its proposal after the deadline for final proposal revisions (FPR), but had not reopened discussions for the protester. The agency had not revealed these post-FPR communications, which were by email, with the initial agency report, and many were produced only after GAO noticed the case for hearing.

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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....