News & Analysis as of

Congressional Authority Non-Delegation Doctrine Constitutional Challenges

Womble Bond Dickinson

Consumers’ Research Universal Service Litigation Nears Inflection Point

Womble Bond Dickinson on

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

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

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

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