Bill Details
View committees (1)
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would change how federal courts review decisions made by government agencies. It says judges, not agencies, should make the final call on legal questions when a court is asked to review an agency action. In plain terms, courts would look at the law themselves from the beginning, instead of giving special weight to an agency’s reading of a statute, regulation, or constitutional issue. The bill also says this rule would apply to all cases involving judicial review of agency actions unless another law specifically says this section does not apply.
- Courts would be required to review legal questions “from scratch” rather than deferring to an agency’s interpretation.
- The change would cover interpretations of statutes, regulations made by agencies, and constitutional issues.
- Any law that tries to exempt a case from this rule would have to mention this section specifically.
- The bill is aimed at making judicial review of agency actions more direct and limiting agency control over how the law is interpreted.
Official Summaries
Separation of Powers Restoration Act of 2025 or the 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, and (2) rules made by agencies.
No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1605 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1605
To amend title 5, United States Code, to clarify the nature of judicial
review of agency interpretations of statutory and regulatory
provisions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2025
Mr. Fitzgerald introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to clarify the nature of judicial
review of agency interpretations of statutory and regulatory
provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Separation of Powers Restoration Act
of 2025'' or the ``SOPRA''.
SEC. 2. JUDICIAL REVIEW OF STATUTORY AND REGULATORY INTERPRETATIONS.
Section 706 of title 5, United States Code, is amended--
(1) by striking ``To the extent necessary'' and inserting
``(a) To the extent necessary'';
(2) by striking ``decide all relevant questions of law,
interpret constitutional and statutory provisions, and'';
(3) by inserting after ``of the terms of an agency action''
the following ``and decide de novo all relevant questions of
law, including the interpretation of constitutional and
statutory provisions, and rules made by agencies.
Notwithstanding any other provision of law, this subsection
shall apply in any action for judicial review of agency action
authorized under any provision of law. No law may exempt any
such civil action from the application of this section except
by specific reference to this section''; and
(4) by striking ``The reviewing court shall--'' and
inserting the following:
``(b) The reviewing court shall--''.
<all>