Lawmakers in Indiana, Nebraska, and Idaho passed bills in March 2024 to end judicial deference practices in each state. The bills were based on model legislation developed by The Goldwater Institute and the Pacific Legal Foundation, titled the Judicial Deference Reform Act.
Nebraska Governor Jim Pillen (R) on March 27, 2024, and Idaho Governor Brad Little (R) on March 29, 2024, signed bills into law to end judicial deference to agency interpretations of statutes or rules and require courts to apply de novo review—a standard of judicial review that examines executive agency action without deference to a previous interpretation of the underlying statute in question.
Indiana Governor Eric Holcomb (R) on March 13, 2024, signed a bill into law to end judicial deference to agency interpretations of constitutional provisions, statutes, and regulations. The bill included additional provisions aimed at promoting the separation of powers in the state and aimed to “give average Hoosiers a fair shot in court and rebalance the scales of justice,” according to The Goldwater Institute.
Ballotpedia has identified thirteen other states since 2008 in which voters, courts, or lawmakers have taken action to limit or prohibit judicial deference practices: Arkansas, Arizona, Colorado, Florida, Georgia, Kansas, Michigan, Mississippi, Ohio, Tennessee, Utah, Wisconsin, and Wyoming.
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