Bloomberg Law
June 20, 2019, 2:07 PM UTCUpdated: June 20, 2019, 7:21 PM UTC

Supreme Court Rejects Attack on Agency Power—For Now (2)

Jordan S. Rubin
Jordan S. Rubin
Reporter
Rossella Brevetti
Rossella Brevetti
Reporter
Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson
Reporter

Conservatives and libertarians eager to dismantle the so-called administrative state and limit governmental power are hopeful after the Supreme Court’s decision in a sex offender registration case June 20, even if the court didn’t buy their arguments this time.

A divided court said in Gundy v. United States that Congress didn’t violate the non-delegation doctrine when it allowed the attorney general to decide if the Sex Offender Registration and Notification Act’s registration requirements should apply to those convicted of sex crimes before the law’s passage.

The doctrine bars Congress from transferring its legislative power to another branch of government. Conservatives ...

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