Gundy v. United States: Reflections on the Court and the State of the Nondelegation Doctrine

• Author(s): Jennifer Mascott
• Posted: 9-2018
• Legal Studies #: LS 18-27
• Availability: Full text (most recent) on SSRN

ABSTRACT:

This short "reflections" essay is an invited piece that addresses the Supreme Court's upcoming consideration of the "nondelegation doctrine" this coming Term in Gundy v. United States. The Court has not found any statutory provision to be unconstitutional on nondelegation grounds since 1935. Will that change this Term when the Court evaluates the Attorney General's authority to retroactively apply federal sex offender registration requirements to individuals convicted prior to enactment of those statutory rules? Will the new makeup of the Court after Justice Kennedy's retirement impact the likely outcome of this nondelegation challenge?