As we have covered in previous articles here, the new authority Congress provided to the Department of Health and Human Services (HHS) under the Inflation Reduction Act (IRA) to directly negotiate the ...

The Constitution reserves criminal lawmaking--and all other legislative power--to Congress. So, Congress may not divest that power to executive agencies. The Nondelegation Doctrine once required ...

Washington, D.C., Feb. 27, 2026 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance petitioned the Supreme Court to take up the Choice Refrigerants v. EPA lawsuit and enforce or replace 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 ...

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 ...

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 ...