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b'On November 14, 2019, the Federalist Society\'s Administrative Law & Regulation Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The title of the panel was "Nondelegation after Gundy: Are We Waiting for Godot?".
Contrary to the expectations of some, the U.S. Supreme Court’s June decision in Gundy v. United States did not reinvigorate the nondelegation doctrine. Instead, the Court upheld a delegation contained in the Sex Offender Registration and Notification Act (SORNA), a 2006 law which appeared to leave it up to the Attorney General of the U.S. to decide how to apply that statute to prior offenders already in custody. However, because Justice Alito’s concurrence in the judgment expressed willingness to reconsider the Court’s approach to the doctrine and Justice Kavanaugh did not sit on this case, the Gundy decision whetted appetites for what may come in the next nondelegation case to reach the Court.
This panel will examine the Court’s decision in Gundy, dissect the various viewpoints that the justices presented, and—especially—explore what those perspectives (and Justice Kavanaugh’s subsequent participation) could mean for the future of the nondelegation doctrine. The panel will address questions such as: Will the Court alter the doctrine? What would a strengthened nondelegation doctrine look like? Is there a judicially administrable way to redefine what counts as an “intelligible principle”? What would an ideal case for the Court’s consideration look like? What will happen to delegations approved under the current version of the doctrine? Will the modern Administrative State look much different under a reinvigorated nondelegation doctrine?
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Featuring:

Hon. Ronald A. Cass, President, Cass & Associates, PC; Dean Emeritus, Boston University School of Law
Prof. David Schoenbrod, Trustee Professor of Law, New York Law School
Prof. Kristin E. Hickman, Distinguished McKnight University Professor; Harlan Albert Rogers Professor in Law; Associate Director, Corporate Institute, University of Minnesota Law School
Prof. Alan Morrison, Lerner Family Associate Dean, Public Interest and Public Service Law and Professorial Lecturer in Law, George Washington University Law School
Moderator: Hon. Ryan D. Nelson, Judge, United States Court of Appeals, Ninth Circuit
Introduction: Hon. Eileen J. O\'Connor, Law Office of Eileen J. O\'Connor, PLLC'