Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

Kevin King’s commentary was included in a Law360 article discussing the Federal Communications Commission's defense of its Universal Service Fund. Kevin comments on the case, which has teed up an opportunity that many of the Supreme Court's conservative members — and the right-leaning legal community in general — have waited years for: reviving the nondelegation doctrine. The doctrine holds Congress cannot delegate its legislative powers to other entities and was never officially interred.

Kevin provides his insight, telling Law360 that “this case provides the long-anticipated opportunity to address the nondelegation doctrine, which might be the next frontier in administrative law.”