Attorney General Paxton has joined a West Virginia-led cert-stage amicus brief in the United States Supreme Court, to strengthen the enforcement of the nondelegation doctrine, which would prevent unelected agency bureaucrats from exercising authority that the Congress has not granted them.  

The Washington, D.C. Office of the State Superintendent of Education (“OSSE”) created a rule that requires daycare providers to get a college degree with a major in an early childhood education-related field. This onerous regulation violates daycare providers’ fundamental right to work if they don’t have such a degree, even if they are extremely qualified and have worked for years in childcare. In addition, the rule runs afoul of the nondelegation doctrine, as Congress did not delegate to OSSE the power to arbitrarily create such a rule. 

The multistate coalition’s brief was filed on behalf of two daycare providers and a parent who wishes to have quality daycare for her daughter. The case presents the U.S. Supreme Court with the opportunity not only to ensure that a mother can access quality care for her child, but also to prevent further intrusions on individual rights by ever-growing bureaucratic entities.  

The brief states: “This case is a strong example of why the Court should restore the nondelegation doctrine to its proper place in our constitutional order. Lawmakers should be making decisions of this sort, not agencies. And when agencies like the Office can exercise broad lawmaking powers with effectively no supervision, burdensome regulations and licensing requirements become almost inevitable. Essential rights like the right to work become easy targets for administrative personnel acting in favor of narrow industry interests rather than the voting public. Our economy and our liberties suffer.” 

To read the full amicus brief, click here.