Judge Stephen F. Williams and the Underestimated History of the Nondelegation Doctrine
Among his many accomplishments, Judge Stephen F. Williams is well known for several opinions during his tenure on the D.C. Circuit that have become part of the administrative law canon. But one of his most important decisions is perhaps the most underappreciated and misunderstood. That case—American Trucking Associations, Inc. v. EPA (“American Trucking”)—showcases his characteristic ability to discern and apply legal nuances long overlooked by many other judges and scholars.
American Trucking involved Judge Williams’s application of the nondelegation doctrine, which “bars Congress from transferring its legislative power to another branch of Government.” This doctrine had been widely misperceived as an abandoned relic, used only twice in decades-old Supreme Court decisions as a blunt tool to strike down legislation with no limiting principle. But Judge Williams understood that the nondelegation doctrine remained alive and well, though in a far more subtle form than most onlookers realized.
In this essay, I begin with the conventional account of nondelegation as a discarded doctrine and explain how this perspective misstates history and precedent. I then turn to Judge Williams’s recognition of the nondelegation doctrine’s continuing viability and his application of this doctrine in American Trucking. Lastly, I discuss the lasting influence of American Trucking’s central insights in the recent resurgence of the nondelegation doctrine.
