House Republicans pass bill challenging SCOTUS ruling.

The House of Representatives Takes a Stand Against Executive Branch Authority

The House of Representatives has made a bold move by passing a bill that aims to challenge a Supreme Court ruling criticized for granting excessive power to executive branch agencies. The Separation of Powers Restoration Act of 2023, which recently received a 220-211 vote in favor, seeks to empower federal courts to review agency actions without automatically deferring to the agencies themselves.

Overturning Precedent

The current precedent, established by the 1984 Supreme Court decision in Chevron USA v. Natural Resources Defense Council, introduced a two-pronged test for determining the legitimacy of agency actions. The first part of the test requires clear authorization from Congress, while the second part allows agencies to interpret and implement statutes when they are silent or ambiguous. Critics argue that this has given unelected bureaucrats too much influence.

A Divided Vote

The bill received unanimous support from Republican House members, with the exception of Rep. Matt Gaetz (R-FL). On the other hand, all Democratic members, except Rep. Henry Cuellar (D-TX), voted against the bill. Notably, Reps. Mark Green (R-TN) and Jahana Hayes (D-CT) did not cast their votes.

“Government works best when it can be held accountable,” said Rep. Scott Fitzgerald (R-WI), the lead sponsor of the legislation. “Unfortunately, unelected bureaucrats in our agencies wield far more power than intended because of mandated deference, like Chevron, during judicial review. This legislation restores Congress’s authority as the branch that makes the laws and the judiciary as the branch to interpret and enforce them.”

The White House has expressed opposition to the bill, stating that it would undermine the separation of powers, a fundamental element of our government. However, with Democratic control in the Senate, the bill’s chances of passing in that chamber seem slim.

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“This bill would undermine separation of powers, a fundamental element of our government, by attempting to jettison long-standing principles concerning judicial review of agency interpretation and implementation of laws and regulations,” stated the White House Office of Management and Budget in a policy statement.