a press conference announcing this new rule, Powers reads the text of the regulation
and then asks, rhetorically, “Who is laughing now?” But this just confuses the audience.)
Fearing that Powers is about to make a test case of him, the notorious Dr. Evil brings suit
arguing that MAGAA violates the nondelegation doctrine. Is he likely to prevail?
Which of the following best captures the issue facing the Court in Evil v. Powers?
MAGAA violates the nondelegation doctrine.
Is this an easy case or a hard case?
This is an easy case, because “make America great again”
provides no intelligible principle.
Koch Industries, Inc. v. Obama. In October of 2022, spurred by another record-setting
hurricane and wildfire season, Congress passes the Climate Change Control Act, which
authorizes the Environmental Protection Agency “to set standards for emissions of
carbon dioxide at the level required to reduce per capita emissions to 10 metric
tons/year by 2035.” The bill is immediately signed into law by President Oprah Winfrey,
whose EPA administrator Barack Obama quickly sets his agency to work drafting the new
standards. After months of hard work, a broadly grinning Obama announces the
approval of strict new limits on fossil-fuel-generated electric power. Within minutes,
Koch Industries, Inc. files suit challenging CCCA as an unconstitutional delegation of
legislative power to the EPA. Is this suit likely to succeed?