JUSTICE SOTOMAYOR: -- so that it's in
effect acting -- I don't want to use the word
"arbitrarily" -- but acting in whatever its best
interest is. So what protects the contracting party
from that -- from that conduct, assuming it were to be
correct?


MR. FREEMAN: Yes, Your Honor. Well, the
Secretary has promulgated a formal nationwide policy.
 JUSTICE SOTOMAYOR: Says it has a policy.
 MR. FREEMAN: Yes, and -­
JUSTICE SOTOMAYOR: The allegation is, is
that it's not following it, that it's choosing to pay
people some more than others.
 MR. FREEMAN: Right. And let me address
4

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