Supreme Court Case on Nondelegation Doctrine and Universal Service Fund
The Supreme Court is considering a case that challenges Congress's authority to delegate power to federal agencies. The case involves the Universal Service Fund, which provides telephone and internet service to rural areas. The Court's Republicans seem unlikely to strike down the law in question, but may use the case to expand the judiciary's authority. Despite some challenges to the Fund, it is likely to survive. The case could have implications on the nondelegation doctrine and judicial power.
Key Points
- Case challenges Congress's authority to delegate power
- Universal Service Fund provides vital services to underserved areas
- Republicans on the Court may not strike down the law but could impact nondelegation doctrine
- Court's decision could affect the balance of power between agencies and the judiciary
Pros
- The Universal Service Fund provides essential communication services to rural and difficult-to-wire areas
- Congress provided detailed instructions for the Fund's operation
- The Fund ensures rural customers pay reasonably comparable rates to urban customers
Cons
- Challenges to the Fund's constitutionality based on nondelegation doctrine
- Potential for the Court to expand judiciary's authority
- Issues around distinguishing between taxes and fees