House Judiciary hears divided testimony on bill to bar judicial deference to agencies' interpretations of ambiguous statutes

The House Judiciary Committee heard hours of testimony on Senate Bill 2285 on the effect of judicial deference to administrative agencies. Sponsor Sen. Claire Corey told the committee the bill would make judges “follow the statute rather than deferring to the agency to conduct their interpretation.”

The bill would direct judges and administrative law judges to consult the statute first and only then consider agency rules or interpretations when resolving ambiguous statutory language. Proponents said the change restores separation of powers after the U.S. Supreme Court’s recent decision in Loper Bright v. Raimondo.

Jackie Hall, executive director of the North Dakota Association for Justice, said the U.S. Supreme Court “finally and empathetically overruled Chevron deference” and argued states should ensure courts — not…