Justices Likely to Uphold Sex Registration Requirements

Oct. 2, 2018, 3:27 PM

The U.S. Supreme Court seemed unlikely to breathe new life into a separation of powers doctrine that could unwind the administrative state.

The case deals with the “nondelegation doctrine"—the idea that Congress can’t delegate its legislative powers to administrative agencies without providing the agency with an “intelligible principle” to guide its work.

Several justices appeared to think that Congress provided enough guidance when it allowed the attorney general to decide whether the Sex Offender Registration and Notification Act’s registration requirements should apply to those convicted of sex crimes before SORNA’s passage.

A more robust application of the doctrine could be ...

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