Separation of Powers Restoration Act of 2025
Separation of Powers Restoration Act of 2025
Plain Language Summary
# Separation of Powers Restoration Act of 2025 (HR 1605) Summary **What the Bill Would Do** This bill would change how courts review decisions made by federal agencies (like the EPA, FDA, or Social Security Administration). Currently, courts often give agencies some deference—meaning they accept the agency's interpretation of laws and rules unless it's clearly unreasonable. This bill would require courts to make their own independent decisions about what laws and agency rules mean, without automatically deferring to the agency's interpretation. Essentially, it shifts more power from agencies to courts. **Who It Affects** This bill would impact anyone who challenges a government agency's decision in court—including businesses fighting regulations, individuals appealing benefit denials, and environmental groups challenging permits.
It would also affect federal agencies themselves, which would face stricter judicial scrutiny of their decisions. The change could make it easier to overturn agency actions through court challenges. **Current Status** The bill was introduced by Rep. Scott Fitzgerald (R-WI) and is currently in committee, meaning it has not yet been debated or voted on by the full House. It represents a significant shift in constitutional interpretation regarding the separation of powers between the executive branch (agencies) and judicial branch (courts).
CRS Official Summary
Separation of Powers Restoration Act of 2025 or the SOPRAThis 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.
Latest Action
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 15 - 12.