Can the Courts Make Congress Do Its Job?

August 6, 2021

Advocates of congressional reform should look across First Street from the Capitol for a new ally: Supreme Court Justice Neil Gorsuch. No, Gorsuch has not taken up the cause of changing how Congress works. In recent years, however, he has become known for arguing for stricter enforcement of the non-delegation doctrine — the constitutional principle that states Congress may not delegate its core legislative authority to any other person, body, or branch of government. 

Publication Type: Commentary