Today, the New Civil Liberties Alliance petitioned the Supreme Court to take up the Choice Refrigerants v. EPA lawsuit and enforce or replace the lax intelligible-principle test that the D.C. Circuit ...

Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. 1 The case addresses the Federal Communications Commission’s Universal Service Fund ...

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 ...

Six years ago, I noted that the Supreme Court’s fragmented judgment in Gundy v. United States suggested that the nondelegation doctrine might have a future. Legislative power is vested in Congress ...