SOPRA (Separation of Powers Restoration Act of 2025) is a bill that would reshape how courts review agency interpretations of statutes and regulations. It would require de novo (fresh, non-deferential) review of all relevant questions of law in any action challenging an agency action, expanding this to interpretations of constitutional provisions, statutory provisions, agency rules, interpretative rules, general statements of policy, and all other agency guidance documents. The change would apply across the board to any judicial review action of agency action and would override other laws unless a statute explicitly references SOPRA. In effect, it would scale back or eliminate traditional deference doctrines (notably Chevron and related concepts) and place the courts in a more expansive role in interpreting agency actions.
Key Points
- 1Short title: The act may be cited as the Separation of Powers Restoration Act of 2025 (SOPRA).
- 2Core change to 5 U.S.C. 706: The bill replaces the current framework with a requirement that courts decide de novo all relevant questions of law, including interpretations of constitutional and statutory provisions, agency rules, interpretative rules, general policy statements, and other agency guidance documents.
- 3Universal applicability: The de novo review standard would apply to any action for judicial review of agency action under any provision of law, with language ensuring no law may exempt such actions from SOPRA except by explicit reference to SOPRA.
- 4Structural revisions: The text reorganizes the section to emphasize the de novo standard (changing subsection labeling and language such that courts “shall” perform de novo review) and to guide how courts should make determinations.
- 5Implication for existing deference doctrines: By mandating de novo review for agency interpretations, SOPRA effectively curtails Chevron deference (statutory interpretation deference) and related principles (such as Auer deference for agency interpretations of its own regulations), at least in practice, by requiring a fresh judicial interpretation of the law in every case.