Almost a year ago, we asked, “How much authority can Congress give to the attorney general to effectively write criminal laws?” In Gundy v. United States, a plurality of the Supreme Court has given its answer: as much as Congress wants to give.
The plurality opinion, which was written by Justice Elena Kagan, was joined by only three other justices (Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor). Justice Samuel Alito joined in the judgment, but did not join the plurality’s reasoning.
Three justices (Neil Gorsuch, John Roberts, and Clarence Thomas) dissented, and Justice Brett Kavanaugh took no part in the case, most likely because the court heard oral arguments in the case shortly before he was sworn in as a justice.
By way of background, in Gundy the petitioner argued that Congress had impermissibly delegated its legislative authority by allowing the attorney general to decide whether and how to retroactively apply the Sex Offender Registration and Notification Act of 2006, also known as SORNA.
Read the full story from The Daily Signal
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