Latest 2 Cases This Week: Veterans4You, Inc. v. United States (Fed. Cir.), Young v. Burleigh Morton Detention Center, et al. (N.D.)

Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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Veterans4You, Inc. v. United States

Court: US Court of Appeals for the Federal Circuit

Docket: 20-1175

Opinion Date: January 11, 2021

Judge: Raymond Charles Clevenger, III

Areas of Law: Government & Administrative Law, Government Contracts

The VA sought to procure cable gun locks with information about its suicide prevention line imprinted on the lock body, on a label attached to the cable, and an accompanying wallet card. VA submitted a requisition form to the Government Publishing Office (GPO), which issued an invitation for bids, with unrestricted competition. In a bid protest, the Government Accountability Office found that the Veterans Benefits Act (VBA), 38 U.S.C. 8127(i), applied. VA submitted a revised requisition. VA maintains a database of all verified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The GPO’s contracting officer concluded that the GPO was obligated to employ unrestricted competitive bidding without a Rule of Two analysis. The Rule of Two requires that when two or more verified and capable SDVOSBs are identified, the acquisition must be set-aside for SDVOSBs, provided the contracting officer has a reasonable expectation that two or more verified SDVSOBs will submit offers and that the award can be made at a reasonable price. The contracting officer stated that the GPO would “leverage the VA database" to ensure that verified firms received an opportunity to bid. The Claims Court dismissed a pre-award bid protest, reasoning that the solicitation fell within the printing mandate, 44 U.S.C. 501, which requires that governmental "printing, binding, and blank-book work” be done at the GPO; that the VA adequately explained its decision to employ the GPO; and that the VA had met its obligation to secure GPO compliance “to the maximum extent feasible” with the Rule of Two. The Federal Circuit reversed. The printing mandate applies only to the production of written or graphic published materials; the solicitation at issue does not involve “printing.”

Young v. Burleigh Morton Detention Center, et al.

Court: North Dakota Supreme Court

Citation: 2021 ND 8

Opinion Date: January 12, 2021

Judge: Lisa K. Fair McEvers

Areas of Law: Civil Procedure, Constitutional Law, Government & Administrative Law, Government Contracts

Laron Young appealed summary judgment entered in favor of Burleigh Morton Detention Center (“BMDC”). Young was an inmate at BMDC. Reliance Telephone of Grand Forks, Inc. (“Reliance”) contracted with BMDC to operate its inmate telephone system. Every call that was not listed as “private” within the Reliance system was automatically recorded. It was undisputed that the telephone number for Young’s attorney was not on the list of private numbers and various calls between himself and his attorney were recorded. Young sued BMDC and Reliance arguing his Sixth Amendment right to counsel was violated and that BMDC had not complied with N.D.C.C. 12- 44.1-14(1), which required correctional facilities to ensure inmates have confidential access to their attorneys. The district court dismissed the claims against Reliance for lack of jurisdiction, and granted summary judgment in favor of BMDC, concluding Young had not alleged facts to support a finding that he was prejudiced by the recordings and therefore his right to counsel was not violated. The court also concluded Young had not alleged facts to support a finding that BMDC violated N.D.C.C. 12-44.1-14(1). The North Dakota Supreme Court affirmed, that to the extent relief might be available for Young’s claim, he did not allege facts to support a finding that BMDC knowingly intruded into the communications he had with his attorney or that prejudice or a substantial threat of prejudice existed. Therefore, the district court did not err when it granted BMDC summary judgment on Young’s Sixth Amendment claim. With respect to Young's statutory claim, the Court found the plain language of the statute did not require correctional facilities to affirmatively identify an inmate's attorney's telephone number as Young argued. Rather, by its own language, N.D.C.C. 12-44.1-14 was “subject to reasonable . . . correctional facility administration requirements.” The Court thus concluded BMDC’s policy allowing inmates or their attorneys to register attorney telephone numbers as confidential numbers not to be monitored did not constitute a violation of N.D.C.C. 12- 44.1-14(1).