By Mila Sohoni | June 20th, 2019
The Supreme Court today refused to resurrect the nondelegation doctrine, the long-dormant principle that Congress cannot transfer its power to legislate to another branch of government. The case, Gundy v. United States, involved a provision of the Sex Offender Registration and Notification Act that confers on the attorney general the authority to “specify the applicability” of SORNA’s registration requirement to “sex offenders convicted before” the date of SORNA’s enactment. For Herman Gundy, the petitioner, the decision has a straightforward and immediate meaning: his sentence will stand. For the nondelegation doctrine, the significance of Gundy lies not in what the Supreme Court did today, but in what the dissent and the concurrence portend for tomorrow.
Read at SCOTUSblog