Gundy v. United States: Does the Federal Sex Offender Registration Law Offend Nondelegation Principles?
12 PM EDT
On October 2, the Supreme Court heard oral arguments in Gundy v. United States, the first major case in nearly two decades to squarely consider the “nondelegation doctrine” — that is, the question of whether Congress has unconstitutionally “delegated” legislative power to the executive branch by enacting a statute without an “intelligible principle” sufficient to cabin the executive’s discretion.
In this case, the petitioner challenges the federal Sex Offender Registration and Notification Act (“SORNA”), which empowered the Attorney General to determine whether SORNA’s registration requirements would apply to persons who committed a sex offense before the law’s July 2006 enactment.
To analyze the litigants’ arguments and the justices’ questions, and to look forward to the case’s possible ramifications, the ABA’s Section on Administrative Law and Regulatory Practice’s Judicial Review Committee welcomes Professors Cary Coglianese and Ronald Levin to this teleforum, moderated by Professor Adam White.
• Cary Coglianese is the Edward B. Shils Professor of Law and Professor of Political Science, and Director of the Penn Program on Regulation, at the University of Pennsylvania.
• Ronald Levin is the William R. Orthwein Distinguished Professor of Law at the Washington University in St. Louis School of Law.
• Adam White is an Assistant Professor of Law at the George Mason University Antonin Scalia Law School, director of the Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, and a research fellow at Stanford University’s Hoover Institution.
Open to ABA members and the general public.
NO CLE Credit is available for this program.
There is no cost associated with this program, but registration is required.