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Nondelegation Doctrine

By: Derek Hawkins//July 17, 2019//

Nondelegation Doctrine

By: Derek Hawkins//July 17, 2019//

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United States Supreme Court

Case Name: Herman Avery Gundy v. United States

Case No.: 17-6086

Focus: Nondelegation Doctrine

The nondelegation doctrine bars Congress from transferring its legislative power to another branch of Government. This case requires us to decide whether 34 U. S. C. §20913(d), enacted as part of the Sex Offender Registration and Notification Act (SORNA), violates that doctrine. We hold it does not. Under §20913(d), the Attorney General must apply SORNA’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment. That delegation easily passes constitutional muster.

Affirmed

Dissenting: GORSUCH, J., filed a dissenting opinion, in which ROBERTS, C. J., and THOMAS, J., joined.

Concurring: ALITO, J., filed an opinion concurring in the judgment.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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