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Herman Avery Gundy, Petitioner v. United States

  1. August 12, 2022

    DOL Autonomy At Risk If Justices Weigh Delegation, Attys Say

    A U.S. Supreme Court whose majority appears interested in limiting the administrative state could soon address the nondelegation doctrine, a possibility attorneys said could impact cases challenging U.S. Department of Labor rules.

  2. November 25, 2019

    Kavanaugh Interested In Revisiting Executive Power Doctrine

    Justice Brett Kavanaugh on Monday said he is open to the idea of reviving the so-called nondelegation doctrine in a future case, the latest conservative on the court to suggest support for bringing back separation of powers principles that one liberal justice feared would make "most of government" unconstitutional.

  3. June 20, 2019

    The 'Administrative State' Lives To Fight Another Day

    Conservatives had hoped the U.S. Supreme Court's ruling in Gundy v. U.S. would strike a major blow to the so-called administrative state by reviving the long-dormant nondelegation doctrine. While the court refused to do so, the fight is far from over.

  4. June 20, 2019

    Justices Won't Revive Doctrine Curbing Executive Power

    The U.S. Supreme Court refused to strike down a sex offender law Thursday that gives the U.S. attorney general broad discretion over how it should be enforced, declining to revive a legal doctrine that experts said could vastly diminish the power of the executive branch.

  5. June 05, 2019

    7 Cases To Watch As Supreme Court Enters Home Stretch

    With the end of the term just weeks away, the U.S. Supreme Court must now tackle the tough cases it has saved for last, which tend to produce bitter divisions on the court and major changes in the law. Here is a look at seven of the biggest cases awaiting decisions.

  6. May 01, 2019

    What's Holding Up High Court's Separation-Of-Powers Case?

    The U.S. Supreme Court has decided all but one case last heard during its October sitting, an appeal from a convicted sex offender that conservatives are hoping will help rein in the executive branch. What's taking so long?

  7. October 02, 2018

    Supreme Court Fissures Over Executive Power Doctrine

    An eight-member U.S. Supreme Court splintered Tuesday over how much authority the U.S. Congress can delegate to the executive branch in the closely watched case of a convicted sex offender, with newly influential Chief Justice John Roberts appearing conflicted over the question.

  8. September 28, 2018

    Up Next At High Court: Justices Kick Off Term Short-Staffed

    The U.S. Supreme Court will be one member short when it comes in session Monday morning to hear a handful of cases being closely followed by environmental and employment lawyers after sexual assault claims derailed D.C. Circuit Judge Brett Kavanaugh's hopes for a speedy confirmation.

  9. March 07, 2018

    Sex Offender Case May Deal Blow To 'Administrative State'

    The U.S. Supreme Court took up a case this week involving a convicted sex offender who failed to register as such in New York, and the legal question at the center of the proceeding could lead to a ruling that reins in the "administrative state" and hands conservatives a major win.

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