The Nondelegation Doctrine: The Next Constitutional Showdown (Part 1)

Just months after overturning the Chevron doctrine—the rule that gave deference to administrative agencies to interpret ambiguous statutes—SCOTUS is set to hear arguments that would revive the long-dormant nondelegation doctrine. While the case involves the telecommunication industry, Katie Hayes, MJ explains why healthcare leaders should be paying attention:

"This is a one-two punch to agency power: first limiting how agencies interpret their authority through Chevron's fall, then questioning whether they should have that authority at all through nondelegation."

In part one of this two-part series:

• Learn about the historical context of the "sick chicken" case of 1935 and why it matters today
• Connect Chevron's demise with the nondelegation doctrine's revival
• Understand the potential impacts on FDA authority and why broad delegations like "safe and effective" might face new scrutiny

Part two drops next week, diving deeper into healthcare implications.

Read the full article.