US Supreme Court May Reintroduce Nondelegation Doctrine, Threatening Federal Regulation

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The US Supreme Court is poised to reconsider the nondelegation doctrine, a legal principle that could significantly limit federal agencies' ability to create laws and regulations. In the current case, US Federal Communications Commission v Consumers’ Research, the court will assess the legitimacy of a fee set by the FCC aimed at funding broadband services in underserved areas, which critics argue constitutes a tax imposed by unelected officials. Supporters of the nondelegation doctrine claim that Congress should not delegate rule-making power to agencies but rather define laws in specific detail.

Legal experts warn that reviving this doctrine could undermine core federal regulations related to consumer protection, environmental standards, and social welfare, likening its potential revival to past attempts to curb the regulatory state during the New Deal era. Observers, including Michael Wall from the Natural Resources Defense Council, argue that such a shift could create chaos in governance by allowing conservative judges to dismantle existing protections. The court's conservative majority has shown interest in re-evaluating nondelegation, raising concerns about its implications for democratic accountability and regulatory authority.

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