Brief filed: 06/01/2018
Gundy v. United States
United States Supreme Court; Case No. 17-6086
Decision below 695 Fed.Appx. 639 (2nd Cir. June 22, 2017)
The increasing criminalization of conduct and federalization of criminal law--exacerbated by the widespread blanket criminalization of federal administrative regulations--magnify the need to enforce the constitutional limits on delegation. Delegations of the legislative power to make criminal laws must provide constraints more meaningful that an “intelligible principle.” An “intelligible principle” must do more than identify the subject matter for delegated lawmaking. The delegation here cannot be sustained under any standard.
Donald M. Falk, Mayer Brown LLP, Palo Alto, CA.