On the recordJune 15, 2023
Over the last few decades, and as accelerated during the Obama and Biden administrations, our constitutional separation of powers has been undermined by Congress' overdelegation of legislative powers to regulatory agencies in the executive branch. H.R. 288, the Separation of Powers Restoration Act, or SOPRA, would begin to rectify this imbalance. SOPRA requires nothing more than for courts to apply de novo review to all questions of law, including agencies' interpretation of statutes and rules. That is what courts are supposed to do under the Constitution. They are supposed to interpret the law. SOPRA would override the ill-advised Supreme Court precedents like Chevron USA v. Natural Resources Defense Council that require courts to defer to agencies' interpretation of statutes and rules so long as they are reasonable but even if they are wrong, even if they are incorrect. It would end this improper judicial deference that gives agencies greater leeway to pass rules carrying the force of law and which puts a thumb on the scale in favor of the administrative state and against the American people. By doing so, SOPRA would help restore the constitutional separation of powers, reclaiming the courts' role as the branch that interprets the law and Congress' role as the branch that makes the law.…





