1. Whether Congress, in crafting 42 U.S.C. § 1230a7b(b) and related provisions, violated Article I, § 1
of the United States Constitution by improperly
vesting the Department of Health and Human
Services with virtually unlimited discretion to
determine which activities would be criminalized
and which would not.

2. Whether this Court should adopt—at least for legislation pursuant to which Congress delegates to
an Executive agency the power to determine the
scope of the criminal law—a more robust test to
determine whether Congress's delegation of rulemaking authority violates the separations-ofpowers principles embodied in Article I, § 1 of
the United States Constitution.

Whether Congress violated Article I, § 1 by improperly vesting the Department of Health and Human Services with discretion to determine criminalized activities