On December 3, 2025, the Texas International Produce Association and the Texas Vegetable Association filed suit in the U.S. District Court for the Northern District of Texas, Amarillo Division, ...

What is the “nondelegation doctrine”? The nondelegation doctrine addresses the constitutional limits on the extent to which legislative authority may be delegated to the executive branch and its ...

Nondelegation is easy to get wrong because there's more than one nondelegation doctrine. Everyone knows about the classic doctrine—the one that's usually called the Nondelegation Doctrine, which ...

Six years ago, I noted that the Supreme Court’s fragmented judgment in Gundy v. United States suggested that the nondelegation doctrine might have a future. Legislative power is vested in Congress ...

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...

The appeals court joined other rulings in rejecting a contractor's claim that the creation of the Occupational Safety and Health Administration violated the nondelegation provision of the Constitution ...

Late last month, the Supreme Court decided FCC v. Consumers Research. Although an undercard among the Court’s last-day decisions, the case was closely watched in administrative law circles as a ...

The Supreme Court first coined the term “intelligible principle” in 1928. In 2019, Justice Gorsuch clarified that this term was not meant to revolutionize the Court’s interpretation of the ...

Do any of these doctrines prohibit private delegations? If, per the conventional wisdom discussed in the Introduction, Schechter Poultry and Carter Coal prohibit Congress from delegating to private ...