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 ...
Court Poised to Restore Common Sense on Ten Commandment Displays in Schools Audio By Carbonatix Six years ago, I noted that the Supreme Court’s fragmented judgment in Gundy v. United States suggested ...
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 ...
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 ...
In a ruling today in Consumers’ Research v. FCC, the en banc Fifth Circuit ruled by a vote of 9 to 7 that the multi-billion dollar Universal Service Fund tax levied by the Federal Communications ...
Jack Fitzhenry is a legal fellow in The Heritage Foundation's Meese Center for Legal and Judicial Studies. Follow him on X at @Jfitzy_jd. The Supreme Court heard oral arguments Wednesday in a case ...
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 ...