legislative-delegation

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-465 Texas, et al. v. Jerry Black, et al. Fifth Circuit 2024-10-24 GVR Relisted (3) administrative-law constitutional-authority federal-trade-commission legislative-delegation private-rulemaking separation-of-powers Whether Congress unconstitutionally delegated legislative authority to a private entity in the Horseracing Integrity and Safety Act (HISA)
22-5816 Tony Lam v. United States Fifth Circuit 2022-10-12 Denied Response WaivedIFP 21-usc-841 career-offender conspiracy conspiracy-offense controlled-substance ineffective-assistance legislative-authority legislative-delegation sentencing-commission sentencing-guidelines Did trial counsel provide ineffective assistance to his client upon his failure to research, investigate, and object to his client's career offender c…
22-25 Roy Lynn McCutchen, et al. v. United States Federal Circuit 2022-07-08 Denied Amici (2) agency-authority agency-rulemaking fifth-amendment government-power legislative-delegation legislative-rulemaking personal-property physical-taking property-rights redressability takings-clause Does a delegation of general legislative rulemaking authority to an agency constitute an inherent restraint on title to any personal property that cou…
21-849 Slidewaters LLC v. Washington Department of Labor and Industries, et al. Ninth Circuit 2021-12-08 Denied Response Waived emergency-powers executive-authority legislative-authority legislative-delegation nondelegation-doctrine police-power separation-of-powers state-governance state-of-emergency Does a state legislature's delegation of unlimited and inherently legislative police power to a state executive violate the separation-of-powers, even…
21-6312 Manuel Melgar-Diaz and Joaquin Benito-Mendoz v. United States Ninth Circuit 2021-11-17 Denied Response WaivedIFP administrative-law congressional-delegation constitutional-authority constitutional-law executive-power government-branches legislative-delegation legislative-power non-delegation-doctrine separation-of-powers Whether Congress can delegate its authority to another branch of government consistent with the Constitution by merely providing an 'intelligible prin…
20-850 Big Time Vapes, Incorporated, et al. v. Food and Drug Administration, et al. Fifth Circuit 2020-12-28 Denied Amici (2) administrative-discretion administrative-law constitutional-limits executive-authority executive-power legislative-authority legislative-delegation non-delegation-doctrine separation-of-powers tobacco-control-act tobacco-product-regulation Whether Petitioners have stated a claim that § 387a(b) grants excessive policymaking discretion to the executive branch to determine which tobacco pro…
19-5685 Larry Brandon Moore v. United States Fourth Circuit 2019-08-23 Denied Response WaivedIFP article-i bill-drafting congress-authority congressional-power constitution-article-1 constitutional-interpretation law-making-authority legislative-delegation positive-law prior-laws statutory-codification third-party-codification title-18 title-18-usc Does Article I of the U.S. Constitution confer on Congress such authority as to have enacted 62 Stat 683 et seq into positive law thereby enacting, sp…