February 26, 2025
Mr. Fitzgerald introduced the following bill; which was referred to the Committee on the Judiciary
To amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions.
Section 1. Short title
This Act may be cited as the Separation of Powers Restoration Act of 2025
or the SOPRA
.
Sec. 2. Judicial review of statutory and regulatory interpretations
Section 706 of title 5, United States Code, is amended—
(1)
by striking To the extent necessary
and inserting (a) To the extent necessary
;
(2)
by striking decide all relevant questions of law, interpret constitutional and statutory provisions, and
;
(3)
by inserting after of the terms of an agency action
the following and decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions, and rules made by agencies. Notwithstanding any other provision of law, this subsection shall apply in any action for judicial review of agency action authorized under any provision of law. No law may exempt any such civil action from the application of this section except by specific reference to this section
; and
(4)
by striking The reviewing court shall—
and inserting the following:
(b)
The reviewing court shall—