Congress Considers Two Bills Regarding Chevron Deference
By
| January 13, 2025
Senators Rand Paul (R-KY) and Eric Schmitt (R-MO) reintroduced the Separation of Powers Restoration Act (SOPRA).
Although the Supreme Court has overturned Chevron deference, SOPRA will codify the principle that courts must decide cases based on their legal merits without giving deference to prior agency decisions or interpretations, ensuring that all forms of deference doctrines are curtailed.
Rep. Mark Green introduced the Sunset Chevron Act:
This bill requires the Government Accountability Office (GAO) to compile a list of executive agency actions that have been upheld by Chevron deference. These actions begin sunsetting every 30 days on a rolling basis unless they are upheld by Congressional action. Agency rules will sunset in reverse chronological order so that the newest rules sunset first. This legislation also makes an exception to the 60 legislative day restriction on filing a Congressional Review Act (CRA) for rules upheld by the Chevron doctrine, giving lawmakers more time to challenge executive agency rules and regulations, even those that are decades old.
Read the text of the bill here.
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