Supreme Court of the United States · Official docket →
Thomas Keller v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-656 · judgment June 27, 2025
Question presented
The Controlled Substances Act criminalizes dispensing controlled substances, but creates an exception for authorized persons—such as physicians engaged in medical practice—who are registered with the Attorney General. 21 U.S.C. §§ 822(b), 841(a). But the legal standard that defines the boundary between lawful medical practice and unlawful drug dealing by authorized physicians is defined solely by an administrative regulation promulgated by the Attorney General: 21 C.F.R. § 1306.04(a). See Ruan v. United States, 597 U.S. 450, 454 (2022). The question presented is: 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.
Counsel of record
For petitioner
Todd Michael Borden
Office of the Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 13 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 13 2026Reply of petitioner Thomas Keller filed. (Distributed)
- Jul 27 2026Brief of respondent United States in opposition filed.
- Jun 05 2026Motion to extend the time to file a response is granted and the time is further extended to and including July 27, 2026.
- Jun 04 2026Motion to extend the time to file a response from June 25, 2026 to July 27, 2026, submitted to The Clerk.
- May 26 2026Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2026.
- May 22 2026Motion to extend the time to file a response from May 26, 2026 to June 25, 2026, submitted to The Clerk.
- Apr 23 2026Response Requested. (Due May 26, 2026)
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 09 2026Waiver of right of respondent United States to respond filed.
- Mar 20 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2026)
- Feb 03 2026Application (25A865) granted by Justice Kagan extending the time to file until March 20, 2026.
- Jan 22 2026Application (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.