As we have covered in previous articles here, the new authority Congress provided to the Department of Health and Human Services (HHS) under the Inflation Reduction Act (IRA) to directly negotiate the ...

On December 3, 2025, the Texas International Produce Association and the Texas Vegetable Association filed suit in the U.S. District Court for the Northern District of Texas, Amarillo Division, ...

Do any of these doctrines prohibit private delegations? If, per the conventional wisdom discussed in the Introduction, Schechter Poultry and Carter Coal prohibit Congress from delegating to private ...

The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with ...

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...

“The AIM Act’s cap-and-trade scheme runs roughshod over the Constitution’s structural guardrails, granting EPA untrammeled power to reshape a multi-billion-dollar industry to achieve whatever policy ...

Washington, D.C., March 23, 2026 (GLOBE NEWSWIRE)-- The New Civil Liberties Alliance filed an amicus curiae brief today urging the U.S. Supreme Court to hear Pheasant v. U.S. and resuscitate the ...

Washington, D.C., Feb. 27, 2026 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance petitioned the Supreme Court to take up the Choice Refrigerants v. EPA lawsuit and enforce or replace the ...

Nondelegation is easy to get wrong because there's more than one nondelegation doctrine. Everyone knows about the classic doctrine—the one that's usually called the Nondelegation Doctrine, which ...

The MarketWatch News Department was not involved in the creation of this content. Washington, D.C., March 23, 2026 (GLOBE NEWSWIRE) -- The New Civil Liberties Alliance filed an amicus curiae brief ...