According to my Con. Law casebook, you are right that the Supreme Court only invalidated legislation on nondelegation grounds during the Lochner era, in Schechter Poultry (1935) and Panama Ref. Co. (1935).
Neil
On 5/6/05, Gabe Rubin <[EMAIL PROTECTED]> wrote:
> This case was decided on a doctrine that had been considered dead
> until a few years ago, non-delegation. This same court had a similar
> analysis a few years in a case involving environmental regulations
> that the EPA promulgated (it is actually pretty funny when you think
> about it that most of the same constituencies that abhored that
> decision, will likely applaud this one). The Supreme Court reversed
> the DC Circuit on that, holding that the EPA had acted properly within
> their authority. But I suspect that with the language of the Eldred
> decision, and potentially what happens with the Grokster case that the
> Supreme Court may decide that IP law is best left up to Congress and
> not agency rulemaking. It will be real interesting if the Supreme
> Court upholds a non-delegation decision, and would, I believe, be the
> first time they did so since the Lochner era cases (1920s).
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