S.33 - Separation of Powers Restoration Act of 2025; SOPRA (119th Congress)
Summary
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 de novo (anew) all relevant questions of law, including interpretations of statutes, regulations, and agency guidance. This would effectively reduce deference given to agency interpretations by the judiciary. The bill was introduced in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.
Expected Effects
If enacted, SOPRA would likely lead to more rigorous judicial review of agency actions. This could result in more agency decisions being overturned by courts. It could also shift power away from the executive branch agencies towards the judicial branch.
Potential Benefits
- Increased accountability of federal agencies through stricter judicial oversight.
- Greater consistency and predictability in the application of laws and regulations.
- Reduced potential for agency overreach or arbitrary decision-making.
- Enhanced protection of individual rights and liberties against agency actions.
- Reinforcement of the separation of powers principle.
Potential Disadvantages
- Potential for increased litigation and delays in implementing regulations.
- Undermining agency expertise and technical knowledge in interpreting complex statutes.
- Politicization of judicial review, with courts potentially substituting their policy preferences for agency expertise.
- Increased uncertainty for businesses and individuals relying on agency guidance.
- Potential for gridlock and paralysis in government decision-making.
Constitutional Alignment
The bill's stated goal of reinforcing the separation of powers aligns with the Constitution's structure, particularly Articles I, II, and III, which divide powers among the legislative, executive, and judicial branches. By increasing judicial review of agency actions, SOPRA seeks to ensure that agencies do not overstep their delegated authority, which could be seen as consistent with the principle of limited government. However, some might argue that the bill infringes upon the executive branch's authority to interpret and implement laws, potentially disrupting the balance of power envisioned by the Constitution.
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).