The Trump administration will split time at the lectern with private entities in an upcoming Supreme Court case that will test the authority of Congress to hand off power to executive agencies.
In a long list of orders issued Monday, the justices granted a request by acting Solicitor General Sarah Harris to defend the constitutionality of Congress’ direction for the Federal Communications Commission to operate a program that helps fund telecommunications access in rural areas.
Opponents of the Universal Service Fund have argued that the program violates the nondelegation doctrine, a long-dormant legal theory that bars Congress from allowing agencies — like the FCC or EPA — to do the job of lawmakers. The Supreme Court could choose to use the case to revive the doctrine but has given itself options to decide the matter on narrower grounds.
Government lawyers will have 20 minutes to make their case to the justices, and the remaining 10 minutes will go to private petitioners that benefit from the telecommunications program.
