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"Rebalancing" The Federal Workforce

Client Alert | less than 1 min read | 05.06.10

On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in OMB issued a proposed policy letter to provide guidance to the Executive Branch regarding when work must be reserved for Federal employees, whether that work is "inherently governmental" (100% of which must be reserved), or "closely associated with governmental functions" and "critical functions" (some portion of which must be reserved). The recently-appointed Administrator of OFPP, Daniel Gordon, made clear at an April 26 ABA meeting that the purpose of the draft guidance is to "rebalance" the Federal government's relationship with contractors, who are, according to Administration, currently filling jobs that should be reserved for Federal employees.

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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....