Justice Sotomayor Warns of Nondelegation Doctrine’s Revival Amid FCC Case

During recent oral arguments, U.S. Supreme Court Justice Sonia Sotomayor expressed caution to her fellow justices regarding the potential revival of the nondelegation doctrine in a case challenging the Federal Communications Commission’s management of a broadband subsidy program. The nondelegation doctrine, which limits Congress’s ability to delegate its legislative powers to federal agencies, has been mostly inactive in recent years. However, some conservative justices appear poised to consider its reimplementation despite Justice Sotomayor’s warnings. For more details, visit the full article on Law360.