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Supreme Court Upholds Major Questions Doctrine, Rejects Nondelegation Calls

2/24/2026

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Story summary
  • Since 1928, the Supreme Court requires Congress to provide an intelligible principle for guiding federal agencies.
  • Legal conservatives sought a stricter nondelegation doctrine to limit federal power, but most petitions were rejected.
  • The notable exception was Gundy v. United States in 2019.
  • The Roberts Court favors the major questions doctrine over a new nondelegation standard, per Justice Kavanaugh's concurring opinion.