WE CAN HOPE: “It may be premature to forget about a potential revival of the nondelegation doctrine. For now, and for a majority of the Supreme Court Justices, it may be that reliance on the major questions doctrine has supplanted a rebirth of the long dormant nondelegation doctrine as the preferred means of cabining the exercise of administrative power within the bounds of congressionally delegated authority. But it’s worth pointing out there are still nondelegation doctrine challenges making their way through the judicial system.”
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