Four days after the Supreme Court wiped out the Chevron doctrine, the justices declined to dig in on another legal theory that could deal a massive blow to agency powers.
In orders issued Tuesday, the justices rejected Allstates Refractory Contractors v. Su, a case that targeted the “nearly unfettered” power of the federal government to write permanent safety standards for U.S. businesses — and which could have curbed the ability of Congress to hand power to agencies like EPA.
Most petitions that make their way to the high court are rejected without explanation. But two justices indicated in Tuesday’s orders that they would have voted to take up Allstates, which had asked the Supreme Court to revive the long-dormant nondelegation doctrine.
The doctrine bars legislators from handing too much power to agencies.
