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119-s-33119th Congress

SOPRA

Sponsored By: Senator Schmitt, Eric [R-MO]

Introduced

Summary

De novo judicial review of agency legal interpretations would be required. Courts would decide all legal questions in challenges to agency actions without deferring to agencies, and the rule would explicitly cover agency rules, interpretive rules, policy statements, and other guidance documents.

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  • Courts would be required to decide all relevant questions of law de novo, including interpretation of constitutional and statutory provisions.
  • The bill would treat agency outputs the same way. Rules made by agencies, interpretative rules, general statements of policy, and all other guidance documents would fall under that de novo standard.
  • It would amend section 706 of Title 5 of the U.S. Code, restructure the subsections, and make the de novo mandate apply to any action for judicial review under any law. No law could exempt a civil action from this review unless it specifically references the act.

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Bill Overview

Analyzed Economic Effects

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

Judges review agency law from scratch

If enacted, courts would decide legal questions from federal agencies from scratch. Judges would review all relevant legal questions de novo. That covers constitutional and statutory issues, agency-made rules, interpretive rules, policy statements, and other guidance. The change would apply to any lawsuit that reviews an agency action unless a law specifically names this section. This could make it easier to overturn agency actions, but it could also increase lawsuits and legal uncertainty for agencies and regulated parties.

Sponsors & CoSponsors

Sponsor

Schmitt, Eric [R-MO]

MO • R

Cosponsors

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 1/8/2025

  • Sen. Cramer, Kevin [R-ND]

    ND • R

    Sponsored 1/8/2025

  • Sen. Paul, Rand [R-KY]

    KY • R

    Sponsored 1/8/2025

  • Sen. Ernst, Joni [R-IA]

    IA • R

    Sponsored 1/8/2025

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 1/8/2025

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 1/8/2025

  • Sen. Britt, Katie Boyd [R-AL]

    AL • R

    Sponsored 1/8/2025

  • Sen. Hagerty, Bill [R-TN]

    TN • R

    Sponsored 1/8/2025

Roll Call Votes

No roll call votes available for this bill.

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