Supreme Court To Review Delegation Of Power To Federal Agencies

U.S. Supreme Court building is seen in Washington

The Supreme Court has agreed to hear a case regarding Congress' ability to delegate power to federal agencies, marking a significant development in the ongoing effort to limit the federal government's authority. The appeal, filed by the Biden administration, follows a recent ruling that restricted federal agencies' interpretation of vague laws related to workplace conditions, environmental protections, and consumer safeguards.

The case revolves around the funding mechanism for the Universal Service Fund, which supports reduced-price phone and internet services for rural schools and low-income families. The court's decision, expected by June, could have broader implications for delegations of power to various agencies beyond the Federal Communications Commission (FCC).

Two appeals were granted by the Supreme Court on Friday, one from the Biden administration and another from a coalition of schools and libraries affected by the fund. The court also raised the question of whether the case is moot due to previous lower court rulings.

Critics argue that the fund, established by Congress in 1996, imposes a tax-like burden on consumers and violates the Constitution by delegating taxing authority to the FCC. The case also challenges the FCC's decision to entrust a private entity with managing the fund.

Case involves funding for Universal Service Fund supporting phone and internet services.

Supreme Court to review Congress' power delegation to federal agencies.

Implications beyond FCC's authority may result from the court's decision.

This case is part of a broader effort to rebalance the power dynamics between Congress and the executive branch. The Supreme Court is expected to issue a ruling by June, potentially impacting the relationship between elected lawmakers and government agencies.

The court's consideration of the 'nondelegation doctrine' reflects ongoing debates about the separation of powers. While Congress has historically been allowed to delegate authority under specific conditions, critics argue that this practice has eroded the principles of checks and balances.

Earlier this year, the Supreme Court overturned a precedent that required deference to federal agencies in interpreting vague laws, signaling a shift in how federal regulations are challenged. The upcoming decision in this case will likely shape future interactions between Congress and federal agencies.