Free Lunch Episode 60 – Gundy v. United States: Revisiting the Nondelegation Doctrine, or Not?
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The U.S. Supreme Court’s decision in Gundy v. United States disappointed some observers who were hoping that the Court would use the case to reinvigorate the nondelegation doctrine. Will the 4-1-3 decision here leave the status quo intact or embolden lower courts to identify more nondelegation problems? Will Congress view this outcome as an invitation to delegate more decisions about the scope of the criminal law to the Attorney General? Do Justice Alito’s concurrence and the strong dissent from Justice Gorsuch (joined by The Chief Justice and Justice Thomas) signal that the nondelegation doctrine will soon be revived? These and other questions are discussed in this podcast.