The Supreme Court, which dealt a major blow to the power of federal agencies in June, agreed on Friday to consider another: whether Congress violates the Constitution by delegating broad discretion to them.

The so-called nondelegation doctrine has been largely dormant since 1935, when the Supreme Court struck down New Deal laws for granting too much leeway to agencies with insufficient guidance. //

Judge Andrew S. Oldham of the U.S. Court of Appeals for the Fifth Circuit wrote in the majority ruling that deemed the program unconstitutional:

“The universal service contribution mechanism’s double-layered delegation is incompatible with our constitutional structure.”