Kavanaugh Comment May Spur Crop Of Nondelegation Cases

Law360 (December 20, 2019, 3:36 PM EST) -- May Congress delegate legislative authority to executive agencies? The U.S. Supreme Court has long said yes. So long as “Congress ‘shall lay down by legislative act an intelligible principle to which the person or body authorized to [exercise the delegated authority] is directed to conform, such legislative action is not a forbidden delegation of legislative power.”[1]

But change may be afoot. After the Supreme Court’s decision last term in Gundy v. United States,[2] which featured a critical dissent by Justice Neil Gorsuch, many speculated that the court’s conservative wing may be prepared to revive the long-dormant nondelegation doctrine, and thereby limit...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!