> The nondelegation doctrine is rooted in certain separation of powers principles.1 In limiting Congress’s power to delegate, the *nondelegation doctrine exists primarily to prevent Congress from ceding its legislative power to other entities* not vested with legislative authority under the Constitution. As interpreted by the Court, the doctrine seeks to ensure that legislative decisions are made through a bicameral legislative process by the elected Members of Congress or governmental officials subject to constitutional accountability.2 Reserving the legislative power for a bicameral Congress was "intended to erect enduring checks on each Branch and to protect the people from the improvident exercise of power by mandating certain prescribed steps."
The list of law firms with the expertise, resources, and will to take on the administration is getting shorter and shorter, because he's targeting the ones that piss him off with EOs aimed to wreck them if they don't pay up and shut up, and that strategy is working.
Agreed however this court has shown it can dance between originalism, textualism, and tossing both of those to the wind (Trump v Anderson) when it aligns with policy goals.
Also it probably wouldn't even fly with anyone since so many other emergency powers are generally accepted as necessary (i.e. defense). The immunity decision is full of rhetoric about the legislature being too slow for crises.
Their best bet is to invent a time machine, go back to Obama, have Obama pass emergency tariffs, then lobby to repeal that act.
https://constitution.congress.gov/browse/essay/artI-S1-5-1/A...
Any democrats with working brain stems and genitals should be taking this to supreme court.