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Congressional Powers Won’t Get Another Supreme Court Look

Nov. 25, 2019, 2:37 PM

The U.S. Supreme Court once again dashed hopes of conservatives and libertarians looking to breath new life into a separation of powers principle meant to limit what Congress can authorize agencies to do.

The justices denied a request for a rehearing in Gundy v. United States, in which the court last term narrowly refused to revive the long-dormant “non-delegation” doctrine.

Such requests are rarely granted, and the denial beings the case to a close.

The doctrine limits the lawmaking power that Congress can hand over to administrative agencies. It was used to upend New Deal legislation in the 1930s, but has been dormant since.

The case is Gundy v. United States, U.S., No. 17-6086, rehearing denied 11/25/19.

To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at krobinson@bloomberglaw.com

To contact the editors responsible for this story: Jessie Kokrda Kamens at jkamens@bloomberglaw.com; John Crawley at jcrawley@bloomberglaw.com