This is the Cato Daily Podcast for Wednesday, June 26, 2019.

I'm Caleb Brown. The non-delegation doctrine argues that there are many things only Congress can do, like, you know, make laws.

At the Supreme Court last week, the Gundy case, nominally about sex offender registries,

might have opened the door to broader review of powers Congress is given away,

and Cato's Trevor Burris and Ilia Shapiro say that door is still open.

What's different than a lot of cases that we file in at the Supreme Court

where you have big name lawyers

bringing up big cases with tons of amici filing and support. We didn't hear

about this case because it was appealed by a federal public defender and it was done in

Forma Pop Huris which means they had they waived the filing fees and she

wrote a brief and said there were a bunch of things that you should take you

should the Supreme Court should consider about this case but the very the last one she

said was you should consider whether or not the Sex Offender

Registry Notification Act and it's specifically the fact that it lets the attorney general determine retroactively which people have to register that that's a non-delegation problem.

She put a page and a half, the attorney in this,

who argued the case of the court,

she devoted a page and a half to her brief in this.

And she said, she cited one major case.

She said, someone else has brought this up before see Judge Gorsuch of the 10th circuit

And this is an important problem and they took it without any amici support or anything and it was the first non-delegation, at least on the face non-delegation case they'd taken in quite a while.

So specifically what did Congress delegate to this federal, to the Department of Justice?

They, so the, they created the Sex Offender Registration Notification Act and in that they listed all the crimes basically after the date the

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