The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

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 doctrine, which prohibits Congress from delegating legislative power to executive branch agencies. As my previous post explains, nondelegation is a largely toothless doctrine, which has been mostly dormant since 1935. But in recent year…