S-4527 : Still Just a Bill

The "Separation of Powers Restoration Act," designated as S. 4527, seeks to amend Title 5 of the United States Code regarding judicial review of agency interpretations of laws and regulations.

• Purpose: The bill aims to alter the standard by which courts review agency interpretations of statutes and regulations.
• Key Changes:
  • It mandates that courts decide all relevant questions of law, including interpreting constitutional and statutory provisions, and rules made by agencies de novo (anew).
  • It restricts courts from interpreting any ambiguity in a statute or regulation as an implicit delegation of legislative rule-making authority to an agency.
  • It prevents courts from deferring to an agency's interpretation of law based on such ambiguity.
  • It stipulates that these provisions apply to any judicial review of agency action, unless explicitly exempted by specific reference to this section in another law.
• Impact: If enacted, this bill would likely lead to courts exercising greater independent judgment in reviewing agency actions and interpretations, potentially reducing the deference given to agency expertise.