If embraced in its entirety, the nondelegation doctrine could spell the end of agency power as we know it, turning the clock back to before the New Deal.
but would also “invalidate much of the federal budget.” It might also throw into question the constitutionality of other federal agencies, including potentially the Federal Reserve.
The Supreme Court has put on hold lower court rulings that invalidated parts of the F.D.A.’s approval, but that’s no guarantee of how the court would ultimately rule in the case.
It would furthermore likely destabilize the F.D.A.’s approval process, which has long been seen as the global “gold standard” of drug safety.
But embracing these arguments would not result in the court returning power to Congress but claiming enormous and novel powers for itself.
Persons:
’, John Roberts
Organizations:
Consumer Financial, Federal Reserve, Food