The 'Administrative State' Lives To Fight Another Day

Law360, Washington (June 20, 2019, 8:01 PM EDT) -- Conservatives had hoped the U.S. Supreme Court’s ruling in Gundy v. U.S. would strike a major blow to the so-called administrative state by reviving the long-dormant nondelegation doctrine. While the court refused to do so, the fight is far from over.

In Gundy, the justices voted 5-3 to reject arguments that a sex offender law is unconstitutional because it delegates too much power to the U.S. attorney general over how it should be enforced. In doing so, the court declined a chance to strike down a federal statute under the nondelegation doctrine for the first time since the 1930s.

But four conservative...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

Prisoner Petition

Date Filed

September 22, 2017


Government Agencies