Jefferson Reporter

U.S. Senators Katie Britt and Eric Schmitt, along with seven colleagues, have reintroduced the Separation of Powers Restoration Act (SOPRA). The bill aims to end what they describe as an unconstitutional practice that grants unelected government bureaucrats excessive deference in court.

Senator Britt expressed her views on the matter, stating, "The idea that administrative agencies should have deference in court proceedings flies in the face of the republican ideals of our Founding Fathers. There is no reason for unelected bureaucrats to wield near-absolute power, especially when our Constitution explicitly vests the authority and responsibility to make laws in the legislative branch."

Britt further emphasized the importance of this legislation as a step towards returning control of government to American citizens. She acknowledged Senator Schmitt's leadership in introducing what she referred to as "commonsense, pro-constitution legislation."

The proposed act seeks to amend 5 U.S. Code § 706 within the Administrative Procedures Act by placing a de novo standard of review. This change would remove deference previously granted to administrative agencies during judicial reviews. It allows courts to independently assess all relevant legal questions without bias toward any side.

The intention behind SOPRA is to place American citizens and businesses on equal footing with administrative agencies during regulatory disputes or challenges against agency actions. The House had passed this bill during the 118th Congress.

Supporters argue that SOPRA will restore lawmaking powers to where they believe it belongs: within a legislative branch accountable directly to U.S. citizens.