No. 25-7141October Term 2025Before Arguments
Thomas Keller v. United States
from the United States Court of Appeals for the Ninth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Ninth Circuit.
Question presented
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.
- Case path
United States Court of Appeals for the Ninth Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Thomas Keller asks the Supreme Court to review whether Congress can let the executive branch define, by regulation, the line between lawful medical prescribing and a federal drug crime. The petition comes from the Ninth Circuit and centers on the Controlled Substances Act and an Attorney General regulation used to mark that boundary.
Argument
The Court has not scheduled argument, and no merits vote exists. Keller's petition asks whether the usual "intelligible principle" test is enough when an agency rule helps define federal criminal liability.
Impact
The answer could affect registered doctors who prescribe controlled substances, because the disputed regulation helps separate ordinary medical practice from criminal liability. More broadly, it could shape how much power Congress may give federal agencies when criminal penalties are on the line.
What is the core dispute in Keller?
The petition asks whether Congress may let the executive branch define, by regulation, the line between lawful prescribing and a federal drug crime. It challenges use of the usual "intelligible principle" test in that setting.
Who could be affected if the Court takes Thomas Keller v. United States?
Registered doctors who prescribe controlled substances could be affected, because the dispute concerns rules separating medical practice from criminal liability. Congress, agencies, and prosecutors also have a stake.
What happens next in Thomas Keller v. United States?
The justices first must decide whether to hear the case. No oral argument is scheduled yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 27, 2026
- Method
- Methodology