Wade Pediatrics v. Department of Health & Human Services

GORSUCH, Circuit Judge.

From time to time, labs federally certified to analyze human specimens must take proficiency tests to ensure their reliability and accuracy. On two such tests, Wade Pediatrics checked its answers with those of another lab before submitting its results to the government. The problem is that the government’s proficiency testing program seeks to assess the competency of each lab’s independent work. Sharing answers defeats the purpose of the exercise. Even more pointedly, sharing answers violates the clear and unambiguous terms of a federal statute. In response to Wade’s…