Kingdomware Technologies, Inc. v. United States | |
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Argued February 22, 2016 Decided June 16, 2016 | |
Full case name | Kingdomware Technologies, Inc., Petitioner v. United States |
Docket no. | 14–916 |
Citations | 579 U.S. ___ ( more ) 136 S. Ct. 1969; 195 L. Ed. 2d 334 |
Opinion announcement | Opinion announcement |
Case history | |
Prior | 754 F.3d 923 (Fed. Cir. 2014) |
Holding | |
The Department of Veterans Affairs must apply the "Rule of Two" when considering and awarding contracts under the Veterans Benefits, Health Care, and Information Technology Act of 2006. The rule is mandatory, not discretionary, regardless of whether the rule is being used to meet annual minimum contracting goals. | |
Court membership | |
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Case opinion | |
Majority | Thomas, joined by unanimous |
Laws applied | |
Veterans Benefits, Health Care, and Information Technology Act of 2006 |
Kingdomware Technologies, Inc. v. United States, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the Department of Veterans Affairs must apply the "Rule of Two" when considering and awarding contracts under the Veterans Benefits, Health Care, and Information Technology Act of 2006.
By containing the word "shall" the rule becomes mandatory, not discretionary, regardless of whether the rule is being used to meet annual minimum contracting goals. [1] [2]
Associate Justice Clarence Thomas authored a unanimous opinion. [2]
Quill Corp. v. North Dakota, 504 U.S. 298 (1992), was a United States Supreme Court ruling, since overturned, concerning use tax. The decision effectively prevented states from collecting any sales tax from retail purchases made over the Internet or other e-Commerce route unless the seller had a physical presence in the state. The ruling was based on the Dormant Commerce Clause, preventing states from interfering with interstate commerce unless authorized by the United States Congress. The case resulted from an attempt by North Dakota seeking to collect sales tax on licensed computer software offered by the Quill Corporation, an office supply retailer with no North Dakota presence, that allowed users to place orders directly with Quill.
Kappos v. Hyatt, 566 U.S. 431 (2012), was a case decided by the Supreme Court of the United States that held that there are no limitations on a plaintiff's ability to introduce new evidence in a §145 proceeding other than those in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. The petitioner in the case was David Kappos, who was then serving as Director of the United States Patent and Trademark Office (USPTO).
Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (2013), is a United States Supreme Court copyright decision in which the Court held, 6–3, that the first-sale doctrine exhausts copyright of the works lawfully made or purchased abroad.
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Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), also known as Alliance for Open Society I, was a United States Supreme Court decision in which the court ruled that conditions imposed on recipients of certain federal grants amounted to a restriction of freedom of speech and violated the First Amendment.
The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability. It was formed on September 16, 2012, as one part of the America Invents Act. Prior to its formation, the main judicial body in the USPTO was the Board of Patent Appeals and Interferences (BPAI).
Zubik v. Burwell, 578 U.S. ___ (2016), was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the United States Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the Supreme Court vacated the Court of Appeals ruling in Zubik v. Burwell and the six cases it had consolidated under that title and returned them to their respective courts of appeals for reconsideration.
Williams v. Pennsylvania, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that a prosecutor involved in seeking the death penalty for a defendant should recuse himself if asked to judge an appeal in the capital case.
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Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that "the implied false certification theory can be a basis for False Claims Act liability when a defendant submitting a claim makes specific representations about the goods or services provided, but fails to disclose noncompliance with material statutory, regulatory, or contractual requirements that make those representations misleading with respect to those goods or services."
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Taylor v. United States, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that in a federal criminal prosecution under the Hobbs Act, the government is not required to prove an interstate commerce element beyond a reasonable doubt. The Court relied on its decision in Gonzales v. Raich (2005) which held that Congress has the authority to regulate the marijuana market given that even local activities can have a "substantial effect" on interstate commerce.
Voisine v. United States, 579 U.S. 686 (2016), was a United States Supreme Court case in which the Court held that the Domestic Violence Offender Gun Ban in U.S. federal law extends to those convicted of reckless domestic violence. The court reached its judgment in a 6–2 majority.
McDonnell v. United States, 579 U.S. 550 (2016), was a United States Supreme Court case concerning the appeal of former Virginia Governor Robert F. McDonnell's conviction for honest services fraud and Hobbs Act extortion. At issue on appeal was whether the definition of "official act" within the federal bribery statutes encompassed the actions for which McDonnell had been convicted and whether the jury had been properly instructed on this definition at trial.
Dollar General Corp. v. Mississippi Band of Choctaw Indians, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court was asked to determine if an American Indian tribal court had the jurisdiction to hear a civil case involving a non-Indian who operated a Dollar General store on tribal land under a consensual relationship with the tribe. The Court was equally divided, 4–4, and thereby affirmed the decision of the lower court, in this case the United States Court of Appeals for the Fifth Circuit, that the court had jurisdiction.
Kisor v. Wilkie, No. 18-15, 588 U.S. ___ (2019), was a US Supreme Court case related to the interpretation by an executive agency of its own ambiguous regulations. The case involved a veteran who had been denied some benefits from the United States Department of Veterans Affairs due to the agency's interpretation of its regulations. The case challenges the "Auer deference" established in the 1997 case Auer v. Robbins, in which the judiciary branch of the government normally defers to an agency's own interpretation of its own regulations in resolving matters of law. Lower courts, including the Federal Appeals Circuit Courts, ruled against the veteran, acknowledging the Auer deference.
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of arbitration is "wholly groundless." In a unanimous (9-0) opinion written by Justice Brett Kavanaugh, the court sided with petitioner Henry Schein, Inc., holding that the "wholly groundless" exception to arbitrability violates the Federal Arbitration Act, and therefore a valid delegation of arbitrability should be honored even if a court believes the argument for arbitration to be "wholly groundless." It was Justice Kavanaugh's first Supreme Court opinion.
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