In response to the Supreme Court's decision limiting federal agencies' authority, Senate Republicans are spearheading a new effort to further curb their power and restore legislative control.
The Supreme Court's recent ruling against a federal agency's authority to mandate "at sea monitors" for East Coast fishermen has spurred a major initiative by Senate Republicans to reclaim legislative power from administrative agencies and dismantle the "administrative state."
Curb on Federal Agencies' Power: GOP Unveils "Major" Legislation
Senator Eric Schmitt, R-Mo., has introduced the Separation of Powers Restoration Act (SOPRA), which would establish a de novo standard of review within the Administrative Procedure Act, prohibiting continued use of unconstitutional agency deference standards.
This legislation aims to level the playing field in courts for citizens and businesses facing regulatory enforcement actions or challenging agency actions, granting them equal footing with administrative agencies.
Curb on Federal Agencies' Power: GOP Unveils "Major" Legislation
The bill has garnered support from 11 GOP lawmakers as co-sponsors and is based on a similar measure that passed earlier this Congress along party lines.
In addition to SOPRA, a broader group of GOP senators is reaching out to 101 executive agencies, requesting information on ongoing rulemaking, civil enforcement actions, and adjudications to assess the impact of the Supreme Court's ruling.
Curb on Federal Agencies' Power: GOP Unveils "Major" Legislation
Senator Cynthia Lummis, R-Wy., emphasizes the importance of restoring legislative powers to democratically elected officials, arguing that the Chevron doctrine has empowered President Biden's agencies to impose excessive regulations.
Schmitt, who is also leading a working group of 17 colleagues, will meet regularly to explore ways to limit unlawful power exercised by administrative agencies and enhance Senate legislation on matters previously delegated to agency deference.
Curb on Federal Agencies' Power: GOP Unveils "Major" Legislation
This effort reflects a growing sentiment among Republicans that Congress has abdicated its legislative duties to unelected bureaucrats in Washington, D.C., leading to excessive agency authority.
The GOP senators aim to restore a representative government where citizens have a say in policy decisions, rather than faceless agencies holding sway over their lives.
The Supreme Court's decision and the subsequent GOP legislative response signal a potential shift in the balance of power between Congress and federal agencies, with the intent of curbing the overreach of the administrative state and empowering the people's representatives.
