Husch Blackwell attorney Joseph Diedrich presents "From Gundy to Learning Resources: Trends in Nondelegation Jurisprudence and Scholarship" during a program hosted by the Milwaukee Bar Association on September 29, 2026.
Although the Supreme Court's 2019 decision in Gundy v. United States was viewed by some as a potential turning point for the nondelegation doctrine, debates over the limits of congressional authority and the separation of powers remain central to constitutional law. Recent disputes involving executive actions, regulatory authority, emergency tariffs, telecommunications fees, public lands enforcement, and the national sex offender registry have continued to raise questions about the extent to which Congress may delegate its legislative power.
Drawing on his recent scholarship published in Texas Law Review Online, Joseph examines developments in nondelegation jurisprudence and the closely related major-questions doctrine. The presentation explores recent judicial opinions, emerging scholarly perspectives, and the ongoing debate over Congress's power to share authority with administrative agencies and the executive branch.
To register, visit the Milwaukee Bar Association's website.