Scrambled SCOTUS Lineup in 'Gundy' Ruling Upholds Executive Power
"Indeed, if SORNA's delegation is unconstitutional, then most of government is unconstitutional," Justice Elena Kagan said in the plurality ruling. Justice Samuel Alito Jr., joining the court's liberal wing, concurred in the judgment but expressed his desire to take a second look in a future case.
June 20, 2019 at 11:01 AM
6 minute read
A divided U.S. Supreme Court on Thursday upheld a federal law on sex offender registration, finding that Congress did not delegate too much power to the attorney general to establish the statute's regulations.
The long-awaited ruling in Gundy v. United States sidestepped a full examination of the nondelegation doctrine, which limits the ability of Congress to delegate its legislative powers to executive branch agencies.
The doctrine has been largely dormant for decades but drew attention as the Trump administration launched its effort to dismantle the administrative state. When Congress vaguely delegates its powers to executive agencies in legislation, the concern is that regulations affecting people and businesses can bloom without congressional enactment or approval.
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