The Separation of Powers Restoration Act of 2025 (SOPRA) seeks to fundamentally change how federal courts review legal interpretations by government agencies. It amends Section 706 of title 5, United States Code, to mandate that reviewing courts must decide de novo all relevant questions of law, including interpretations of constitutional, statutory, and agency rules. This means judges would independently interpret the law without deferring to an agency's view, ensuring a more robust judicial oversight. The bill specifies that this de novo standard applies to all judicial reviews of agency actions and cannot be circumvented by other laws without explicit reference to this section, thereby establishing a uniform and stringent review process.
Administrative law and regulatory proceduresConstitution and constitutional amendmentsJudicial review and appeals
Separation of Powers Restoration Act of 2025
USA119th CongressHR-1605| House
| Updated: 5/21/2025
The Separation of Powers Restoration Act of 2025 (SOPRA) seeks to fundamentally change how federal courts review legal interpretations by government agencies. It amends Section 706 of title 5, United States Code, to mandate that reviewing courts must decide de novo all relevant questions of law, including interpretations of constitutional, statutory, and agency rules. This means judges would independently interpret the law without deferring to an agency's view, ensuring a more robust judicial oversight. The bill specifies that this de novo standard applies to all judicial reviews of agency actions and cannot be circumvented by other laws without explicit reference to this section, thereby establishing a uniform and stringent review process.