Case against a dirt biker without a taillight on BLM land could rise to Supreme Court

BOISE, Idaho (CBS2) — A case that began after a man riding a dirtbike without a taillight on BLM land near Reno, Nevada, could soon rise all the way to the United States Supreme Court.

Idaho’s Attorney General Raul Labrador is leading states challenging whether or not Congress can delegate the definition of criminal conduct to federal agencies. A statement released by the AG’s office says that a brief filed with the Supreme Court is urging the restoration of the constitutional requirement that Congress, and not unelected federal agencies, must define criminal conduct.

The case began when a man named Gregory Pheasant was arrested for riding a dirt bike without a taillight on BLM land outside of Reno, Nevada. According to Labrador’s statement, the case was dismissed from the district court, ruling that Congress violated the Constitution’s separation of powers by authorizing BLM to create any criminal regulation it deemed necessary while managing public lands.

The Constitution gives Congress the power to make laws and the Executive the duty to enforce them, but here Congress improperly handed the power to define crimes on public lands to the Bureau of Land Management,” said Attorney General Labrador. “Across nearly a quarter of Idaho, families can face prosecution under rules written by unelected bureaucrats they never voted for and cannot hold accountable. We are asking the Supreme Court to restore the separation of powers the Founders designed to protect liberty and rein in the administrative state.

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This case could impact several other federal agencies to which Congress delegated its authority as well. The Supreme Court is expected to decide whether or not to hear the case over the coming months.

Source: CBS2 News