Supreme Court Faces Pressure to Limit Federal Agency Powers in Key Nondelegation Doctrine Cases

Conservative interests have pressured the Supreme Court to reduce the federal government’s regulatory powers, limiting agencies’ ability to interpret ambiguous laws and making rules without clear permission from Congress. At least two pending petitions before the court are urging the court to block Congress from transferring power to agencies like EPA. The petitions, Allstates Refractory Contractors v. Su and Consumers’ Research v. Federal Communications Commission, ask the court for resurrecting the nondelegation doctrine, which states that one branch of government cannot authorize another to carry out its powers.