Separation of Powers Restoration Act of 2023
Sponsored by Scott Fitzgerald
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Jun 20, 2023
The Separation of Powers Restoration Act of 2023 changes how courts review agency decisions. Under current law, courts typically defer to agency interpretations of statutes and regulations. This bill requires courts to review agency interpretations of law independently, without giving deference to the agency's position. This applies to agency interpretations of constitutional provisions, statutes, rules, interpretative rules, policy statements, and guidance documents. The bill also specifies that laws cannot exempt civil actions from this standard of review unless they explicitly reference this provision.
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Separation of Powers Restoration Act of 2023 or SOPRA This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, (2) rules made by agencies, (3) interpretative rules, (4) general statements of policy, and (5) all other agency guidance documents. No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.