Kavanaugh and Barrett appear likely to break with the Supreme Court’s MAGA wing
At least for now…
Justices attend President Donald Trump’s address to a joint session of Congress at the Capitol on March 4, 2025. Win McNamee/Getty Images
Ian Millhiseris a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court.FCC v. Consumers’ Research asks the justices to revive a long-dead legal doctrine known as “nondelegation,” which places strict limits on Congress’s authority to delegate power to federal agencies, and essentially move that power over to the judiciary. The problem with this legal doctrine, besides the difficulty it would create for agencies trying to carry out their mandates, is that it appears nowhere in the Constitution, and so it is impossible to come up with principled rules to guide when judges should strike down a law empowering an agency.
SCOTUS, Explained
Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser.
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