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- Subject: TOUBY v. UNITED STATES, Syllabus
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-
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- TOUBY et ux. v. UNITED STATES
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- certiorari to the united states court of appeals for the third circuit
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- No. 90-6282. Argued April 17, 1991 -- Decided May 20, 1991
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- The Controlled Substances Act authorizes the Attorney General, upon
- compliance with specified procedures, to add new drugs to five "schedules"
- of controlled substances, the manufacture, possession, and distribution of
- which the Act regulates or prohibits. Because compliance with the Act's
- procedures resulted in lengthy delays, drug traffickers were able to
- develop and market "designer drugs" -- which have pharmacological effects
- similar to, but chemical compositions slightly different from, scheduled
- substances -- long before the Government was able to schedule them and
- initiate prosecutions. To combat this problem, Congress added MDRV 201(h)
- to the Act, creating an expedited procedure by which the Attorney General
- can schedule a substance on a temporary basis when doing so is "necessary
- to avoid an imminent hazard to the public safety," and providing that a
- temporary scheduling order is not subject to judicial review. The Attorney
- General promulgated regulations delegating, inter alia, his temporary
- scheduling power to the Drug Enforcement Administration (DEA), which
- subsequently temporarily designated the designer drug "Euphoria" as a
- schedule I controlled substance. While that temporary order was in effect,
- petitioners were indicted for manufacturing and conspiring to manufacture
- Euphoria. The District Court denied their motion to dismiss, rejecting
- their contentions that MDRV 201(h) unconstitutionally delegates legislative
- power to the Attorney General, and that the Attorney General improperly
- delegated his temporary scheduling authority to the DEA. The Court of
- Appeals affirmed petitioners' subsequent convictions.
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- Held:
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- 1. Section 201(h) does not unconstitutionally delegate legislative
- power to the Attorney General. Pp. 4-8.
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- (a) The nondelegation doctrine does not prevent Congress from seeking
- assistance from a coordinate Branch, so long as it lays down an
- "intelligible principle" to which the person or body authorized to act is
- directed to conform. See, e. g., J. W. Hampton, Jr. & Co. v. United
- States, 276 U. S. 394, 409. Section 201(h)'s "imminent hazard to public
- safety" standard is concededly such a principle. Moreover, even if more
- specific guidance is required when Congress authorizes another Branch to
- promulgate regulations that contemplate criminal sanctions, MDRV 201(h)
- passes muster. Although it features fewer procedural requirements than the
- permanent scheduling statute, the section meaningfully constrains the
- Attorney General by placing multiple specific restrictions on his
- discretion to define criminal conduct. He must also satisfy MDRV 202(b)'s
- requirements for adding substances to schedules. Pp. 4-6.
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- (b) Section 201(h) does not violate the principle of separation of
- powers by concentrating too much power in the Attorney General, who also
- wields the power to prosecute crimes. The separation-of-powers principle
- focuses on the distribution of powers among the three coequal Branches of
- Government, see Mistretta v. United States, 488 U. S. 361, 382, and does
- not speak to the manner in which Congress parcels out authority within the
- Executive Branch. Pp. 6-7.
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- (c) Section 201(h) does not violate the nondelegation doctrine by
- barring judicial review. Since MDRV 507 of the Act plainly authorizes
- judicial review of a permanent scheduling order, the effect of the MDRV
- 201(h) bar is merely to postpone legal challenges to a scheduling order
- until the administrative process has run its course. Moreover, the MDRV
- 201(h) bar does not preclude an individual facing criminal charges from
- bringing a challenge to a temporary scheduling order as a defense to
- prosecution. In these circumstances, the nondelegation doctrine does not
- require in addition an opportunity for pre-enforcement review of
- administrative determinations. Pp. 7-8.
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- 2. The Attorney General did not improperly delegate his temporary
- scheduling power to the DEA. Section 501(a) of the Act -- which authorizes
- delegation of "any of [the Attorney General's] functions" under the Act --
- permits delegation unless a specific limitation appears elsewhere in the
- Act. See United States v. Giordano, 416 U. S. 505, 512-514. No such
- limitation appears with regard to the temporary scheduling power. P. 8.
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- 909 F. 2d 759, affirmed.
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- O'Connor, J., delivered the opinion for a unanimous Court. Marshall, J.,
- filed a concurring opinion, in which Blackmun, J., joined.
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