When someone challenges a federal agency action in court, judges would have to decide legal questions on their own, without deferring to the agency’s interpretation. The bill also makes this rule hard to carve around unless Congress clearly says so in a future law.
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Separation of Powers Restoration Act of 2025 is a House bill in committee. The latest recorded action: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 15 - 12.
Latest action on H.R. 1605: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 15 - 12.
Who this affects: This affects anyone who brings or defends a court case challenging a federal agency action under the Administrative Procedure Act, because it changes how judges decide the legal meaning of statutes and rules. It also affects federal agencies whose regulations and enforcement decisions are often reviewed in court, and the people and businesses that have to follow those rules.
Why this matters: This bill shifts who gets the decisive voice on legal interpretation when federal agencies and challengers disagree: it puts that responsibility squarely on judges. Because federal agencies regulate many areas of daily life and the economy, changing the review standard could influence how often agency rules are challenged, how agencies write regulations, and how predictable enforcement feels. The bill keeps the existing grounds for striking down agency actions, but it changes the legal-interpretation step that often sets the stage for how those other tests play out.
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