Washington D.C. – U.S. Senators Katie Britt (R-Ala.), Eric Schmitt (R-Mo.), and seven colleagues have reintroduced the Separation of Powers Restoration Act (SOPRA) to address what they describe as an unconstitutional practice of granting undue deference to administrative agencies in court proceedings.
The proposed legislation seeks to amend the Administrative Procedures Act by implementing a de novo standard of judicial review. This change would require courts to independently evaluate all questions of law, including constitutional and statutory provisions, agency rules, interpretive rules, and policy statements, without deferring to the expertise of administrative agencies.
The bill is aimed at redistributing decision-making authority from administrative agencies to the legislative branch, which the Constitution designates as the lawmaking body accountable to the electorate. Supporters argue that the legislation would level the playing field for individuals and businesses in legal disputes involving regulatory actions.
Under the de novo review standard, courts would consider cases on their merits without granting any advantage to the position of administrative agencies. Proponents assert that this approach strengthens constitutional principles by ensuring that unelected officials cannot wield unchecked power.
Senator Britt emphasized the importance of maintaining the balance of power envisioned by the Founding Fathers. “The idea that administrative agencies should have deference in court proceedings flies in the face of the republican ideals of our Founding Fathers,” she said. “There is no reason for unelected bureaucrats to wield near-absolute power, especially when our Constitution explicitly vests the authority and responsibility to make laws in the legislative branch.”
Senator Schmitt, who introduced the legislation, highlighted its alignment with constitutional governance, stating that SOPRA ensures that lawmaking power resides in Congress, as intended.
SOPRA was previously passed by the House during the 118th Congress. Advocates argue that its enactment would reinforce the principles of accountability and fairness in governance. Critics of agency deference claim that it undermines transparency and creates an imbalance of power between the government and private citizens.
If enacted, SOPRA would represent a significant shift in the judicial review process, affecting how courts evaluate agency actions and policies across a broad range of issues, from environmental regulations to financial oversight.
The reintroduction of SOPRA marks an ongoing debate about the role of administrative agencies and their influence on the legal and regulatory landscape in the United States.
