No. 25-7141

Thomas Keller v. United States

Lower Court: Ninth Circuit
Docketed: 2026-04-02
Status: Pending
Type: IFP
Response WaivedIFP
Tags: administrative-regulation controlled-substances-act criminal-liability intelligible-principle-test nondelegation-doctrine separation-of-powers
Latest Conference: 2026-05-01
Question Presented (from Petition)

Whether the "intelligible principle" test remains the appropriate standard for evaluating delegations of legislative power when the resulting regulations define the elements of a federal crime, or whether the nondelegation doctrine requires a more stringent standard when Congress delegates to the Executive the authority to fix the boundary between lawful conduct and criminal liability.

Question Presented (AI Summary)

Whether the intelligible principle test remains the appropriate standard for evaluating delegations of legislative power when regulations define elements of federal crimes, or whether the nondelegation doctrine requires a more stringent standard when Congress delegates to the Executive authority to fix the boundary between lawful conduct and criminal liability

Docket Entries

2026-04-16
DISTRIBUTED for Conference of 5/1/2026.
2026-04-09
Waiver of United States of right to respond submitted.
2026-04-09
Waiver of right of respondent United States to respond filed.
2026-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2026)
2026-02-03
Application (25A865) granted by Justice Kagan extending the time to file until March 20, 2026.
2026-01-22
Application (25A865) to extend the time to file a petition for a writ of certiorari from February 3, 2026 to March 20, 2026, submitted to Justice Kagan.

Attorneys

Thomas Keller
Todd Michael BordenOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent