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Order Of Precedence Clause Gets Boost

Client Alert | less than 1 min read | 06.06.06

In Medlin Constr. Group, Ltd. v. Harvey (June 1, 2006), the Federal Circuit sided with the contractor, finding that only the contractor's interpretation did not read relevant provisions out of the contract.  Of primary interest, though, was the alternative holding, in which the court held that, even if there had been an ambiguity, it would have been resolved against the government under the order of precedence clause, giving that clause seemingly greater weight than the court has previously in many "patent ambiguity" cases decided against the contractor.

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Client Alert | 5 min read | 02.20.25

Declaration of No Independence: President Trump Asserts Control Over Independent Agencies Through Executive Order

On February 18, President Trump issued an Executive Order titled “Ensuring Accountability for All Agencies”[1] that directs independent agencies (as well as Cabinet Departments and their sub-agencies) to route all “proposed and final significant regulatory” and budgetary actions through the White House and the Office of Management and Budget. If implemented to its full extent, this action will significantly strengthen the authority of the White House by weakening the political autonomy of these independent agencies. As an assertion of the President’s inherent powers under Article II of the U.S. Constitution, it also stands to weaken congressional influence over these independent agencies, both through the appropriations and confirmation processes....