WASHINGTON—The Heritage Foundation today released the following statement in response to the Supreme Court’s 6-3 ruling in Federal Communications Commission v. Consumers’ Research, determining that Congress can delegate its taxing power to an executive branch agency. 

Jack Fitzhenry, a legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation, made the following statement: 

“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. 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. Though we can hope for another case and another opportunity, Congress possesses the means—if not the will—to fix the problem now without the courts.”