No. 25-7141October Term 2025Petition PendingUpdated Sep 3, 2026
Keller v. United States
Case status
Where it stands
Awaiting an order on the petition
- Next
- No decision timeline until the Court agrees to hear the case.
What it's about
Thomas Keller asks the Supreme Court to review whether Congress may let the Attorney General define, through regulation, when a registered physician’s prescribing of controlled substances crosses from lawful medical practice into a federal crime. The case is pending; Keller argues that delegations affecting the elements of a criminal offense should face stricter constitutional limits than the usual “intelligible principle” test.
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.
What happens next
The next step is a scheduling move or a decision on certiorari (whether the Court will hear the case). No decision window is available yet.
Why it matters
The case could affect physicians registered to dispense controlled substances and people prosecuted under federal drug laws. For example, it could change the legal test for deciding whether a doctor's prescribing crossed from medical practice into a crime.
The case raises a broader separation-of-powers question: when may Congress let executive officials set rules that mark the line between legal conduct and criminal liability?
Case file
- Docket
- 25-7141
- Status
- Petition Pending
- From
- United States Court of Appeals for the Ninth Circuit
- Documents
- 2
Documents
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AI analysis generated: Case Briefing
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
More questions
- What is at stake in Keller v. United States?
- The case asks whether Congress needs to give clearer limits when executive regulations help separate lawful medical prescribing from criminal conduct.
- Who could be affected by Keller's case?
- Registered physicians who dispense controlled substances and defendants charged under federal drug laws could be affected by the Court's approach.
- What happens next in Keller v. United States?
- The Court may decide whether to grant certiorari, meaning it will hear the case. Oral argument has not been scheduled.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.