The Heritage Foundation has issued a statement following the Supreme Court's 6-3 decision in the case of Federal Communications Commission v. Consumers’ Research. The ruling permits Congress to delegate its taxing authority to an executive branch agency.
Jack Fitzhenry, a legal fellow at the Edwin Meese III Center for Legal and Judicial Studies within The Heritage Foundation, expressed his views on the matter. "Today, the Court approves the FCC’s ability to exercise Congress’s taxing power and allows the decades-long misadventure of rampant delegation to continue," he said.
Fitzhenry further commented on the implications of this decision, saying, "The Court has missed too many opportunities to correct its case law in this area, and the result has been too much willingness in Congress to give away legislative power to the executive branch." He suggested that while there is hope for future cases to address this issue, Congress itself has the capacity—though perhaps not the inclination—to resolve it without judicial intervention.
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