Should this Court overrule Gundy and, if appropriate, revisit its approach to nondelegation claims, and hold that 34 U.S.C. § 20913(d) is an unconstitutional delegation of Congress's legislative power to the Executive Branch?

QUESTION PRESENTED In 34 U.S.C. § 20913(d), Congress delegated to the Attorney General the power to apply the Sex Offender Registration and Notification Act to people convicted of sex offenses before SORNA’s enactment. This Court upheld § 20913(d) against a nondelegation challenge in Gundy v. United States, 139 S.Ct. 2116 (2019). The case produced a four-Justice plurality with Justice Alito, who supplied the fifth vote for the result, concurring only in the judgment. Justice Kavanaugh did not participate. The three dissenting Justices in Gundy urged a change in how this Court now decides nondelegation claims. Justice Alito said he would revisit this Court’s nondelegation jurisprudence if a majority were willing to do so. As the dissent observed, although “a plurality of an eight-member Court” upheld § 20913(d), it “resolves nothing.” Id. at 2131 (Gorsuch, J., dissenting). The question presented here is: Should this Court overrule Gundy and, if appropriate, revisit its approach to nondelegation claims, and hold that 34 U.S.C. § 20913(d) is an unconstitutional delegation of Congress’s legislative power to the Executive Branch? i STATEMENT OF RELATED CASES United States v. Wood, No. 19-cr-00196-RBJ (D. Colo. Dec. 13, 2019) United States v. Wood, No. 19-1477 (10th Cir. July 29, 2020) ii