Following SCOTUS Decision in Loper Bright, Senator Schmitt Leads His Colleagues in Launching Working Group, Filing Legislation to Reclaim Legislative Power and Navigate a Post-Chevron World
WASHINGTON – Following the Supreme Court’s ruling in Loper Bright, Senator Schmitt today led his colleagues in launching a major effort to retake legislative authority away from administrative agencies and place it back where it belongs: the Article I branch. That major effort includes the filing of the Separation of Powers Restoration Act (SOPRA), the launching of a working group of Senators that will regularly meet to discuss furthering this goal, and letters to 101 agencies that have published more than 50 final rules since 2000 demanding answers on how current regulatory processes will be handled following the Loper Bright decision:
“The Supreme Court’s decision in Loper Bright was a critical blow to the disastrous Chevron deference standard and represents an opportunity to Congress to retake legislative power from agencies and dismantle the administrative state. For far too long, the deck has been stacked against citizens while these all-powerful alphabet soup agencies run roughshod. Congress has abdicated its duty to legislate to nameless and faceless bureaucrats at agencies dotted around D.C. – it’s time to take that power back and return to a truly representative government. I’m proud to lead my colleagues in working to continue to dismantle the administrative state following the Supreme Court’s decision in Loper Bright,” said Senator Eric Schmitt.
“It’s Congress’ job to make laws, not bureaucrats. The Supreme Court’s elimination of ‘Chevron Deference’ represents a generational step in restoring Congress’ power. To prevent future bureaucratic overreach, Congress must now step up. I’m grateful to join my colleagues in this effort to ensure our federal government serves the people – not the other way around,” said Senator Pete Ricketts.
“For too long, the Chevron Doctrine fueled an abandonment of our separation of powers by allowing the Executive to write and interpret the law as it saw fit. The recent Supreme Court decision reaffirmed the separation of powers and reinforced the constitutional roles played in our federal government: Congress writes the law, the Executive enforces the law, and the Judiciary interprets the law. I’m proud to join my colleagues in this effort to return power to the people through representative government,” said Senator Rick Scott.
“The Constitution is clear: decision-making powers lie with the democratically-elected members of Congress, not unelected bureaucrats. For far too long, the Chevron doctrine gave this administration carte blanche, empowering President Biden’s agencies to pander to its far-left base and drown the people of Wyoming in a sea of regulations. In light of the Supreme Court’s ruling, I am partnering with my colleagues to take the necessary steps to restore legislative powers to the people and finally put these runaway agencies back in their place,” said Senator Cynthia Lummis.
“The Supreme Court’s overruling of the Chevron doctrine is a major win for economic freedom. It limits the power of the administrative state and puts the people’s representatives in the driver’s seat when it comes to how the laws of our nation are implemented. SOPRA builds on Loper Bright to give private citizens and small businesses a fighting chance when they are harmed by federal overreach. I look forward to working with Senator Schmitt and the rest of my colleagues to put the people’s elected representatives back in charge,” said Senator Ted Budd.
“The whims of an unaccountable administrative state should never rule our lives. The Supreme Court’s decision to dismantle Chevron deference stripped away some of the power it wrongly gave to unelected bureaucrats years ago, but there’s still work to do. It’s time for the Senate to rein in administrative overreach and restore Courts to their proper, constitutionally assigned role as the interpreters of the law. I’m proud to join Senator Schmitt in working for a more transparent, accountable, and restrained government in the post-Chevron era,” said Dr. Rand Paul.
“Chevron deference has emboldened agencies to enact policies that go far beyond what Congress intended with little oversight and limited consequences. I’m glad the Supreme Court took power out of the hands of unelected and ultimately unaccountable bureaucrats and put it back in the hands of the people’s elected representatives, and I am looking forward to conversations with my colleagues as we chart the path forward now that this has been struck down,” said Senator John Cornyn.
“For the past 40 years, unelected bureaucrats have bypassed the legislative branch to impose their will on Americans. For far too long, federal agencies have unilaterally published and enforced burdensome regulations that have crushed American businesses. Not anymore. In ending ‘Chevron deference,’ the Supreme Court rightfully held that elected members of Congress, not the swamp, write and pass laws in this country,” said Senator Tommy Tuberville.
“Iowans want less government involvement in their lives, but Washington has been systematically expanding its size and scope for far too long. The Supreme Court rightly took a sledgehammer to the requirement that courts defer to federal agencies over Americans. Now, we must ensure bureaucratic overreach comes to a swift stop. Congress writes the laws, not unelected and unaccountable bureaucrats, which is why I’m joining this working group to rein in the out-of-control regulatory state and fight back against bloated bureaucrats’ decades of unlawful power grabs,” said Senator Joni Ernst.
BACKGROUND:
The Separation of Powers Restoration Act (SOPRA) places a de novo standard of review within the Administrative Procedure Act, ending unconstitutional executive deference standards once and for all. Under a de novo standard of review, courts will weigh the merits of the argument without a deference standard to either side, placing American citizens and businesses—either caught on the wrong side of a regulatory enforcement action or challenging the validity of agency action—on an equal footing in court with an administrative agency. Earlier this Congress, the House passed the same bill on a party line vote. Senators Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Mike Braun (R-IN), Tommy Tuberville (R-AL), John Thune (R-SD), Ted Budd (R-NC), Bill Hagerty (R-TN), Marsha Blackburn (R-TN), and Rand Paul (R-KY) co-sponsored this legislation. Representative Fitzgerald (R-WI-05) introduced the House companion to SOPRA.
In addition to SOPRA, Senator Schmitt is leading his colleagues in establishing a Post-Chevron working group, which will regularly meet to discuss how to assess the monumental decision in Loper Bright, how to best limit the unlawful exercise of power by the administrative state, and how the Senate can more effectively legislate on matters that regularly would’ve been left up to agency deference. Senators Rick Scott (R-FL), John Cornyn (R-TX), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Cynthia Lummis (R-WY), Mike Braun (R-IN), Tommy Tuberville (R-AL), Thom Tillis (R-NC), Ted Budd (R-NC), Pete Ricketts (R-NE), Roger Marshall (R-KS), Bill Hagerty (R-TN), Marsha Blackburn (R-TN), John Thune (R-SD), Rand Paul (R-KY), and Ron Johnson (R-WI) are all part of the working group.
Lastly, Senator Schmitt and his colleagues are in the process of sending oversight letters to 101 agencies that have published over 50 final rules since the year 2000. Those agencies will include the Department of Health and Human Services, the Food and Drug Administration, the Department of Commerce, the Securities and Exchange Commission, the Department of Transportation, and many others. In the letters, the Senators will ask for more information on ongoing rulemaking, civil enforcement actions, and adjudications by said agencies and how the Loper Bright decision impacts all of those actions moving forward, so that the Senators can better conduct oversight over those agencies. Senators Rick Scott (R-FL), John Cornyn (R-TX), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Cynthia Lummis (R-WY), Mike Braun (R-IN), Tommy Tuberville (R-AL), Thom Tillis (R-NC), Ted Budd (R-NC), Pete Ricketts (R-NE), Mike Lee (R-UT), Roger Marshall (R-KS), Marsha Blackburn (R-TN), Rand Paul (R-KY), Bill Hagerty (R-TN), Ron Johnson (R-WI), and John Thune (R-SD) all joined these letters.
The bill text for SOPRA here.
