A divided Supreme Court seemed wary Wednesday of reviving the long-dormant nondelegation doctrine, which bars lawmakers from giving too much power to federal regulators.
Court watchers had closely tracked the case because of how the doctrine could shackle federal agencies like EPA from addressing issues like climate change. But it was not clear after Wednesday’s hearing whether the court was ready to breathe new life into the 90-year-old concept.
The three justices that make up the court’s liberal wing appeared ready to side with the Federal Communications Commission’s defense of its authority to collect a service fee for a program that helps boost access to phone and broadband service in rural and low-income areas. But members of the court’s supermajority indicated they were open to putting more guardrails on how Congress hands authority to agencies.
Justice Neil Gorsuch, who has backed revival of the doctrine in the past, argued that Congress neglected to constrain the FCC by putting a “numerical cap” or rate on how much money can be raised. But his fellow conservative justices questioned the point of Congress imposing a limit.
