H.R.1605 - Separation of Powers Restoration Act of 2025 (119th Congress)
Summary
H.R. 1605, the Separation of Powers Restoration Act (SOPRA) of 2025, aims to amend Title 5 of the United States Code, specifically concerning judicial review of agency interpretations. The bill seeks to clarify that courts should decide all relevant questions of law de novo, including interpreting constitutional and statutory provisions and agency rules. This would effectively remove the deference typically given to agency interpretations by the courts.
Expected Effects
The primary effect of this bill, if enacted, would be to shift power away from federal agencies and towards the judiciary. Courts would have greater authority to independently interpret laws and regulations, potentially leading to different outcomes in cases involving agency actions. This could impact a wide range of policy areas, from environmental regulations to consumer protection.
Potential Benefits
- Increased Accountability: Agencies may be more careful in their interpretations, knowing they will face stricter judicial scrutiny.
- Consistent Application of Law: De novo review could lead to more uniform application of laws across different jurisdictions.
- Protection of Individual Rights: Courts may be more likely to protect individual rights against overreach by federal agencies.
- Restoration of Separation of Powers: Reinforces the judiciary's role as an independent check on the executive branch.
- Clarity in Regulations: Agencies may be forced to write clearer regulations to avoid judicial intervention.
Potential Disadvantages
- Increased Litigation: Agencies may face more lawsuits as parties challenge their interpretations in court.
- Judicial Overreach: Courts may lack the expertise to make informed decisions on complex regulatory matters.
- Policy Instability: Frequent changes in judicial interpretations could create uncertainty for businesses and individuals.
- Slower Implementation of Regulations: The increased judicial review could delay the implementation of new regulations.
- Increased Workload for Courts: Courts may be overwhelmed by the increased number of cases involving agency interpretations.
Constitutional Alignment
The bill aims to reinforce the separation of powers doctrine, which is a fundamental principle of the US Constitution. Article I, Section 1 vests legislative powers in Congress, while the judiciary is granted judicial power under Article III. SOPRA seeks to ensure that the judiciary retains its power to interpret laws independently, preventing the executive branch (through its agencies) from unduly influencing the interpretation of statutes. However, some may argue that it infringes on the executive branch's authority to administer and enforce laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).