S-4727 : Still Just a Bill

The bill S. 4727, also known as the "Separation of Powers Restoration Act of 2024" or "SOPRA," seeks to amend Title 5 of the United States Code, specifically concerning judicial review of agency interpretations of statutes and regulations. The main purpose of this bill is to clarify that courts should independently review (de novo) all relevant legal questions, including the interpretation of constitutional and statutory provisions, agency rules, and other agency guidance documents.

Key provisions of the bill include:

• Stating that courts must decide all relevant questions of law, including interpreting constitutional and statutory provisions.
• Requiring courts to review agency interpretations de novo, meaning without deference to the agency's interpretation.
• Ensuring that this standard applies to all judicial reviews of agency actions authorized under any law, unless a law specifically exempts itself from this section by referencing it directly.

In essence, SOPRA aims to limit the power of federal agencies by ensuring that courts have the final say in interpreting laws and regulations, rather than deferring to the agencies' own interpretations.