Story perspectives
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.
