Bills/S. 33

SOPRA

SOPRA

In CommitteeJudiciarySenateSenate Bill · 119th Congress
Bill Progress · Senate
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# SOPRA Summary **What the Bill Does:** The Separation of Powers Restoration Act (SOPRA) would change how courts review decisions made by federal agencies like the EPA, FDA, or Labor Department. Currently, courts give agencies some deference—meaning they accept the agency's interpretation of laws unless it's clearly unreasonable. This bill would require courts to review agency interpretations completely independently, without any deference, and make their own decisions about what laws and regulations mean. **Who It Affects:** This would impact anyone dealing with federal regulations, including businesses, environmental groups, workers, consumers, and individual citizens.

It could affect how disputes over regulations are resolved in court, potentially making it easier to challenge agency decisions. **Key Provision:** The bill establishes that courts must independently decide all legal questions about agency actions—including how to interpret the Constitution, laws, agency rules, and guidance documents. Laws can only be exempted from this standard if they specifically say so by name. **Current Status:** The bill is currently in committee (S 33, 119th Congress) and has not yet been voted on by the full Senate.

CRS Official Summary

Separation of Powers Restoration Act of 2025 or 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, (2) rules made by agencies, (3) interpretative rules, (4) general statements of policy, and (5) all other agency guidance documents.No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.

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Latest Action

January 8, 2025

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Subjects

Administrative law and regulatory proceduresConstitution and constitutional amendmentsJudicial review and appeals

Sponsor

R
Schmitt, Eric [R-MO]
R-MO · Senate
8 cosponsors

Key Dates

Introduced
January 8, 2025
Last Updated
January 8, 2025
Read Full Text on Congress.gov →
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