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Last Week in the Federal Circuit: Waiver and Constitutional Avoidance | Morrison & Foerster LLP - Federal Circuitry

Land Shark Shredding, LLC v. US, Nos. 20-1230 and 20-1231 (187 days). Shortest pending case from argument (non-Rule 36):   Case of the week:   Panel:  Judges Lourie, Clevenger, and Chen, with Judge Clevenger writing the opinion You should read this case if:  you’re interested in the separation of powers and statutory interpretation or you have a case with a waiver issue Our case of the week is not your typical bid protest.  This one is unusually interesting for reasons both academic (the separation of powers) and practical (the law of waiver). The dispute concerns a printing contract.  The Department of Veterans Affairs (VA) wanted to print information about suicide prevention on gun locks.  To find a vendor, it enlisted the Government Printing Office (GPO) to run a solicitation.  The VA did so against the backdrop of a statute which the Court calls the “printing mandate” providing that “[a]ll printing” for executive agencies shall be done through the GPO.  4

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