Separation of Powers Restoration Act of 2025
The Separation of Powers Restoration Act of 2025 (SOPRA) would dramatically overhaul how courts review agency interpretations of laws and regulations. The bill would require courts to conduct de novo review—meaning a fresh, independent assessment—of all relevant questions of law in any action challenging an agency action. This includes interpretations of constitutional and statutory provisions as well as agency rules. The change would apply to civil actions brought under any statute that authorizes judicial review of agency action, and no other law could exempt such actions from SOPRA’s requirements unless it explicitly references SOPRA. In short, SOPRA shifts the burden away from giving deference to agency interpretations and toward independent judicial interpretation. The bill is introduced in the House (H.R. 1605) as SOPRA, with the short title explicitly calling for a restoration of separation of powers. It would reframe the standard of review across federal agencies and regulations, strengthening the judiciary’s role in interpreting laws and agency rules and limiting the traditional deference courts have shown to agency interpretations under the existing framework.