During oral arguments Wednesday, U.S. Supreme Court Justice Sonia Sotomayor expressed caution to her fellow justices regarding the potential revival of the nondelegation doctrine in a case involving the Federal Communications Commission’s broadband subsidy program. This doctrine, which has largely been dormant for decades, limits the extent to which legislative powers can be delegated to executive agencies. Some conservative justices, however, appeared inclined to explore a more aggressive interpretation of nondelegation principles, a move that could have widespread implications for the administrative state.
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