Reintroduction of the Separation of Powers Restoration Act (SOPRA) by U.S. Senators Britt and Schmitt

U.S. Senators Introduce Legislation to Restore Balance of Power in Government

In a move to address what they see as an unconstitutional practice of giving too much deference to administrative agencies in court proceedings, U.S. Senators Katie Britt (R-Ala.), Eric Schmitt (R-Mo.), and seven colleagues have reintroduced the Separation of Powers Restoration Act (SOPRA).

The proposed legislation aims to amend the Administrative Procedures Act by implementing a “de novo” standard of judicial review. This change would require courts to independently evaluate all questions of law without relying on the expertise of administrative agencies.

Supporters of the bill argue that it would shift decision-making authority from administrative agencies to the legislative branch, as outlined in the Constitution. They believe that this change would level the playing field for individuals and businesses involved in legal disputes with regulatory actions.

Under the “de novo” review standard, courts would consider cases on their merits without giving any advantage to administrative agencies. Proponents of the legislation say that this approach strengthens constitutional principles by preventing unelected officials from having unchecked power.

Senator Britt emphasized the importance of maintaining the balance of power envisioned by the Founding Fathers, stating, “There is no reason for unelected bureaucrats to wield near-absolute power, especially when our Constitution explicitly vests the authority to make laws in the legislative branch.”

Senator Schmitt, who introduced the legislation, highlighted its alignment with constitutional governance, stating that SOPRA ensures that lawmaking power resides in Congress, as intended.

If enacted, SOPRA would represent a significant shift in the judicial review process, impacting how courts evaluate agency actions and policies across various issues, from environmental regulations to financial oversight.

The reintroduction of SOPRA sparks an ongoing debate about the role of administrative agencies and their influence on the legal and regulatory landscape in the United States. Critics of agency deference argue that it undermines transparency and creates an imbalance of power between the government and private citizens.

Overall, the reintroduction of SOPRA signals a push to restore the balance of power in government and reinforce principles of accountability and fairness in governance.