Conservative Lawyers Challenge 9th Circuit on Dirt Biker’s Taillight Charges, Seek Supreme Court’s Nondelegation Doctrine Strengthening

Conservative lawyers are challenging the 9th U.S. Circuit Court of Appeals to uphold a victory for a dirt biker facing charges for allegedly failing to use a taillight on his vehicle while riding on federal land in Nevada. The groups argue that Congress has given the Interior Department “virtually unfettered” legislative power to criminalize activity on public lands. The New Civil Liberties Alliance and Pacific Legal Foundation also support a pending request for the Supreme Court to strengthen the nondelegation doctrine, which states that Congress cannot transfer its legislative powers to federal agencies. This issue has been particularly highlighted as the court is considering a case that could limit Chevron deference, which gives agencies power to interpret ambiguous laws.