Amicus Briefs
Gundy v. U.S.
CASE SUMMARY
NCLA argued that the court of appeals’ judgement should be reversed for four separate and independent reasons. First, 34 U.S.C. § 20913(d) violates the Constitution by divesting Congress of legislative powers and transferring those powers to the Attorney General. Second, § 20913(d) failed to provide an “intelligible principle” to guide the Attorney General’s discretion, as current Supreme Court doctrine required. Third, the Constitution did not allow the Attorney General to simultaneously create and execute a rule like 28 C.F.R. § 72.3 that he was charged with enforcing. Fourth, the Constitution does not permit criminal offenses to be defined in administrative rules rather than statutes.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Petitioner
June 1, 2018 | Read More
PRESS RELEASES
New Civil Liberties Alliance to Supreme Court: “Don’t let the Attorney General write criminal laws”
June 1, 2018