The Fifth and D.C. Circuit federal appellate courts are now poised to issue pivotal decisions in the ongoing litigation challenging the constitutionality of the FCC’s universal service support mechanisms. Their opinions will...more
Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more
Now that Congress knows there is such a thing as the Major Questions Doctrine, what can Congress do about it? Think big or go home. In West Virginia v EPA, the Supreme Court faulted the EPA’s plan for shifting electric...more