Justices to Weigh if Congress Can Hand Over Rulemaking Power

Cases and Controversies

The Supreme Court will consider a case at the end of March that could limit Congress’ ability to let federal regulators determine what public health and safety standards are necessary.

Depending on what the court decides, any statute that grants discretion to an agency could be open for re-review, said Jessica Ellsworth, a partner at Hogan Lovells.

"There's probably hundreds of thousands of places in the US code that there are terms used like 'in the public interest,' whether something is 'necessary' and 'appropriate,' whether something is 'reasonable,' whether something is 'fair' or 'unfair,' whether it's 'essential,'" she said.

Ellsworth joins Cases and Controversies hosts Greg Stohr and Lydia Wheeler to discuss the nondelegation doctrine and how this legal principle, which the court has been asked to revive, could impact the federal telecom subsidy program at issue and other regulations more broadly.

The hosts also chat about a social media post from President Donald Trump that garnered a rare response from Chief Justice John Roberts.

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