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119-hr-1605119th Congress

Separation of Powers Restoration Act of 2025

Sponsored By: Representative Fitzgerald, Scott [R-WI-5]

In Committee

Summary

Shifts judicial review of agency legal questions from deference to de novo review. This bill would require courts to decide all relevant legal questions anew in any action that challenges an agency action and makes that standard apply regardless of other laws unless a statute specifically references this section.

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  • Federal agencies: Agency interpretations of statutes and rules would face fresh judicial review instead of any deference, increasing the chance courts overturn agency positions.
  • Federal courts: Judges would resolve statutory and constitutional questions without deferring to agencies, likely increasing litigation and judicial workload.
  • Businesses and the public: Regulated entities and individuals gain stronger grounds to challenge agency rules and decisions because courts must re-evaluate legal issues from scratch.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Courts would review agency rules from scratch

This bill would change how judges review federal agency actions. Courts would decide all legal questions from scratch, including what the Constitution, statutes, and agency rules mean. Judges would not defer to an agency’s legal view. This would apply to any lawsuit that reviews an agency action, even if another law says otherwise. An exception would be allowed only if a law specifically names this section.

Sponsors & CoSponsors

Sponsor

Fitzgerald, Scott [R-WI-5]

WI • R

Cosponsors

  • Rep. Cline, Ben [R-VA-6]

    VA • R

    Sponsored 3/5/2025

  • Rep. Onder, Robert F. [R-MO-3]

    MO • R

    Sponsored 3/5/2025

  • Rep. Tiffany, Thomas P. [R-WI-7]

    WI • R

    Sponsored 5/19/2025

Roll Call Votes

No roll call votes available for this bill.

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