- Court asked to revive nondelegation doctrine
- Chief issues rare response after Trump’s social media post
The Supreme Court will consider a case at the end of March that could limit Congress’ ability to let federal regulators determine what public health and safety standards are necessary.
Depending on what the court decides, any statute that grants discretion to an agency could be open for re-review, said Jessica Ellsworth, a partner at Hogan Lovells.
“There’s probably hundreds of thousands of places in the US code that there are terms used like ‘in the public interest,’ whether something is ‘necessary’ and ‘appropriate,’ whether something is ‘reasonable,’ whether something is ‘fair’ or ‘unfair,’ whether it’s ‘essential,’” she said.
Listen here and subscribe to Cases and Controversies on Apple Podcasts, Spotify, Megaphone, or Audible.
Ellsworth joins “Cases and Controversies” hosts Greg Stohr and Lydia Wheeler to discuss the nondelegation doctrine and how this legal principle, which the court has been asked to revive, could impact the federal telecom subsidy program at issue and other regulations more broadly.
The hosts also chat about a social media post from President Donald Trump that garnered a rare response from Chief Justice John Roberts.
Hosts: Greg Stohr and Lydia Wheeler
Guest: Jessica Ellsworth, Hogan Lovells
Producer: David Schultz
Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
To contact the reporter on this story:
To contact the editors responsible for this story:
Learn more about Bloomberg Law or Log In to keep reading:
Learn About Bloomberg Law
AI-powered legal analytics, workflow tools and premium legal & business news.
Already a subscriber?
Log in to keep reading or access research tools.