The Supreme Court has taken on a significant case that questions Congress' ability to give power to federal agencies. This case involves the Universal Service Fund, which provides cheap phone and internet services to rural schools and low-income families. The fund is managed by the Federal Communications Commission (FCC) and is paid for by telecom companies, which pass the costs to consumers. Some people argue that this setup is like a tax and violates the Constitution. The court's decision, expected by June, could affect how other agencies are given power by Congress.

The Supreme Court has been dealing with this issue for years, with conservatives and businesses trying to reduce the federal government's power. In 2022, the court limited agencies' power to interpret vague laws. Now, they're looking at whether Congress can delegate its taxing authority to the FCC. The case comes from a challenge by a nonprofit group and others, who lost in some courts but won in another. The Biden administration appealed after a ruling against the government.

The "nondelegation doctrine" was last used by the Supreme Court in the 1930s. Since then, they've allowed Congress to delegate power under certain conditions. However, some conservative groups think this has weakened the separation of powers, letting agencies make tough decisions instead of elected lawmakers. Earlier this year, the court made decisions that challenged the power of the "administrative state, " including one that could lead to more challenges against federal regulations.

Supreme Court to Decide on Congress' Power Delegation

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