Note by Emily M. Shinn
The Fifth Circuit’s decision notably defends Medicaid and the ACA against the States’ constitutional challenges. In striking down the district court’s ruling on the Certification Rule, the Fifth Circuit correctly analyzed the issue under long-standing delegation principles despite recent opposition voiced by certain members of the United States Supreme Court. Part II of this Note discusses the historical background of the nondelegation doctrine and recent Supreme Court opinions raising uncertainty about the future application of the doctrine. Part III explores how the Fifth Circuit reached its decision concerning the constitutionality of the Certification Rule. Part IV details the potential implications of recent Supreme Court decisions concerning the nondelegation doctrine in both the noted case and future cases involving similar delegations of power. Part V briefly concludes.
About the Authors
Emily M. Shinn. J.D./M.P.H. candidate 2023, Tulane University Law School and School of Public Health and Tropical Medicine; B.S. 2017, Boston College.
Citation
95 Tul. L. Rev. 1043 (2021)