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North Dakota hearing on Senate Bill 2285 pits judicial deference supporters against state agencies
Summary
Senate Bill 2285 would limit judicial deference to agency statutory interpretations; supporters say it restores separation of powers after the U.S. Supreme Court's Loper Bright decision, while state regulators and elected commissioners warn it could hamper technical oversight and invite litigation.
A North Dakota Senate Judiciary Committee hearing on Senate Bill 2285 on judicial deference featured testimony from the bill sponsor, legal advocates and multiple state agencies with sharply different views.
Sen. Claire Correa, the bill's prime sponsor, told the committee SB 2285 would require judges to follow statutes rather than automatically deferring to agencies’ interpretations of ambiguous laws. "This is a matter of proper separation of powers," Correa said, adding the bill does not prevent judges from agreeing with an agency after weighing the evidence.
Supporters framed the measure as a response to the U.S. Supreme Court’s June 2024 decision in Loper Bright v. Raimondo, which limited longstanding Chevron deference. Jackie Hall, executive director of the North Dakota Association for Justice, described Loper…
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