This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this month, I previewed the arguments in Federal Communications Commission v Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the nondelegation doctrine, which prohibits Congress from delegating the legislative power to executive branch agencies. As my previous post explains, nondelegation is a largely toothless doctrine, mostly dormant since 1935. But in recent years, five of the nine Supreme Court justices have expressed an interest in revitalizing the doctrine, given the right case in which to do so.