Short Circuit Short Circuit 377 | Zen and the Art of the Nondelegation Doctrine
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May 23, 2025 
Casey Mattox, Vice President for Legal Strategy at Stand Together, and Arif Panju, an attorney at the Institute for Justice, dive into riveting legal battles. They unwrap the nondelegation doctrine through the quirky case of a dirt biker in Nevada, challenging how much power federal agencies can wield. The conversation also highlights ongoing struggles for free speech rights, especially at universities, as they analyze a significant challenge to restrictive speech codes. Expect sharp insights into the balance of legal authority and individual freedoms!
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Dirt Biker's Constitutional Challenge
- Gregory Pheasant got a citation for a missing license plate light on his dirt bike in Nevada.
- His case challenged the constitutionality of federal land management traffic regulations.
Nondelegation Doctrine's Weak Limits
- The nondelegation doctrine rarely limits Congress's delegation power, making it almost ineffective.
- Courts usually accept broad language like "manage the land" as sufficient guidance to agencies.
Dirt Biker's Defiant Response
- After getting the citation, Gregory Pheasant revved his engine, showed his taillight, raised his fist, and rode away yelling.
- Casey Mattox calls him a hero for potentially restoring constitutional government.
