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Senate Republicans Launch Effort To Curb Administrative State Power

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Senate Republicans are intensifying efforts to limit the power of federal agencies following a recent Supreme Court decision that curtailed agency authority in legal disputes. The decision, which favored East Coast fishermen challenging a federal agency's rule on at-sea monitoring fees, overturned the long-standing Chevron doctrine.

The Chevron doctrine, established in the 1980s, mandated courts to defer to agency interpretations of congressional authority unless Congress had directly addressed the issue. In response to the Supreme Court ruling, Sen. Eric Schmitt and a group of GOP lawmakers introduced the Separation of Powers Restoration Act (SOPRA) to shift legislative authority from agencies back to Congress.

SOPRA proposes a de novo standard of review under the Administrative Procedure Act, aiming to eliminate unconstitutional agency deference standards. This move, according to Schmitt, would level the playing field for citizens and businesses in legal disputes with administrative agencies.

Chevron doctrine overturned, prompting GOP to introduce SOPRA for de novo review.
Senate Republicans aim to limit agency power post-Supreme Court decision.
SOPRA seeks to shift legislative authority from agencies back to Congress.

Additionally, GOP senators are seeking information from 101 executive agencies on rulemaking, enforcement actions, and adjudications affected by the Supreme Court's decision. Sen. Cynthia Lummis emphasized the need to restore legislative powers to elected officials and curb agency overreach.

Sen. Schmitt is leading a working group to explore ways to limit administrative state power and enhance Senate oversight. The group aims to address concerns about agency influence on policymaking and ensure a more representative government.

The push to rein in administrative authority reflects a broader effort by Senate Republicans to rebalance the relationship between agencies and Congress, emphasizing the constitutional role of elected officials in decision-making.

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