Bill · S. 33· Senate(119-S-33)
SOPRA
- Introduced
- 1/8/2025
- Last activity
- 1/8/2025 — Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Sponsored by
- Eric Schmitt
- Cosponsors
- - 8 - 0
- Introduced
- In Committee
What this bill would do
This bill, known as the "Separation of Powers Restoration Act of 2025," seeks to change how courts review agency actions. It proposes amendments to Section 706 of title 5, United States Code. The primary goal is to clarify the nature of judicial review regarding how agencies interpret laws and rules. Specifically, it aims to require courts to decide legal questions de novo. This includes the interpretation of constitutional and statutory provisions, as well as various agency guidance documents.
Yes
Does this protect the right to fair treatment by the courts?+5
The requirement for de novo review ensures that an individual's challenge to an agency action is judged on the merits of the law by a court.
Does this make what the government does easier for the public to see?+4
The bill subjects agency guidance and policy statements to more rigorous independent judicial scrutiny.
Does this leave more decisions to the states?+2
By reducing agency deference, the bill shifts power from the federal executive branch toward the judicial branch.
The opposite
Does this give the federal government more power?-6
The bill limits the discretionary power of federal agencies by requiring courts to review their interpretations de novo.
Who it would affect, and how
Potential Positive Impacts for People
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Standardized Judicial Review: By requiring courts to decide "de novo all relevant questions of law," the bill changes how agencies' interpretations of rules and guidance are handled (Section 2). This could ensure that courts perform their own independent review of an agency's interpretation of constitutional and statutory provisions, rules, and policy statements.
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Broad Application of Review: The bill states that this subsection shall apply to any action for judicial review of agency action authorized under any provision of law (Section 2). This ensures that the new standard applies broadly across various legal actions involving agency actions.
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Prevention of Exemptions: The bill specifies that no law may exempt a civil action from this section unless it makes a specific reference to this section (Section 2). This limits the ability of other laws to bypass this specific standard of judicial review.
Potential Negative Impacts for People
- Changes to Agency Authority Review: The bill modifies how courts review agency interpretations of "rules made by agencies, and interpretative rules, general statements of policy, and all other agency guidance documents" (Section 2). This change in the judicial review process could impact how individuals or groups challenge agency decisions or guidance.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Governance And Ideology
- Improves Due Process+5Improves Government Transparency+4Increase States Rights+2Increases Federal Power-6
- 1/8/2025
- Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 8 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Marsha BlackburnRepublican · Tennessee
Ted BuddRepublican · North Carolina
Katie BrittRepublican · Alabama
Kevin CramerRepublican · North Dakota
Ted CruzRepublican · Texas
Joni ErnstRepublican · Iowa
Bill HagertyRepublican · Tennessee
Rand PaulRepublican · Kentucky