Recommended Citation
Lucas Katz,
Unprincipled Delegation: The Health Resources and Services Administration and Future of the Nondelegation Doctrine,
34 Health Matrix
401
(2024)
Available at:
https://scholarlycommons.law.case.edu/healthmatrix/vol34/iss1/2
Abstract
This paper explores the intricate interplay between the nondelegation doctrine and the administrative state, with a specific focus on the Health Resources and Services Administration (HRSA) and its delegated authority under 42 U.S. Code §300gg-13(a)(4). It delves into the historical context of the nondelegation doctrine, analyzing Supreme Court precedents and recent trends that have shaped the boundaries of congressional delegation of legislative power. By examining the practical implications of potential nondelegation violations and the impact on women's healthcare, the article advocates for a nuanced approach that balances the need for administrative flexibility with constitutional principles. It proposes solutions to clarify and strengthen the nondelegation doctrine, emphasizing the importance of maintaining a stable regulatory framework while safeguarding against overbroad delegations of authority.