On the recordJune 15, 2023
I find it so ironic, having been a practicing attorney for 34 years and fighting over these exact battles in court, that I am having someone who hasn't practiced for decades tell me that I am ignorant. The agencies are the ones that attempt to enforce guidance, and I have defended lawsuits along that very line. Therefore, while someone who may have sat in this room for years believes that he has the ability to judge what people in the real world deal with, the fact is that agencies do attempt to enforce guidance against citizens of this country. The only thing that this amendment does is to say when that happens, the courts are to apply de novo review to the interpretation of what that guidance means. Nothing more and nothing less. Again, this is a very simple amendment that says to the extent that guidance documents are before the court for interpretation, the courts must apply de novo review rather than defer to the agency interpretation of that guidance. It is very simple, and it is something that is appropriate and ensures that we are following our constitutional separation of powers. Madam Speaker, I yield back the balance of my time.





