As reported by Bloomberg, the U.S. Supreme Court “refused once again consider whether Congress is disregarding a long-held legal doctrine and giving too much power to federal agencies.” Last Term, the Court declined to revive the “the ‘non-delegation doctrine,’ which prohibits lawmakers from effectively passing off their legislative authority to another branch of government. The doctrine was used to upend New Deal legislation in the 1930s, but has been dormant since. Conservatives and libertarians eager to dismantle the so-called administrative state are eager for the court to find that Congress has violated separation of powers and to curb executive authority.”

Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More