In Gundy v. United States, will the Supreme Court rule that Congress' delegation of authority to the attorney general in the federal Sex Offender Registration and Notification Act (SORNA) violates the nondelegation doctrine?
In 2016, Herman Gundy was convicted of violating SORNA for failing to register as a sex offender in New York (SCOTUSBlog). His underlying conviction requiring registration was in 2005, before the enactment of SORNA (Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking). On appeal, Gundy argues that the section of SORNA granting the attorney general the authority to "prescribe rules" that apply to him was an unconstitutional delegation of legislative power to the executive branch (SCOTUSBlog). The Supreme Court is expected to hand down its decision in its 2018 term, but if it does not, the question will resolve as no.