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Committee approves Separation of Powers Restoration Act to codify Supreme Court’s post‑Chevron review standard
Summary
The committee adopted an amendment and voted 15–12 to report H.R.1605, a bill to codify independent judicial review following the Supreme Court’s decision overturning Chevron deference.
The House Judiciary Committee voted 15–12 to report H.R.1605, the Separation of Powers Restoration Act, after adopting an amendment in the nature of a substitute and ordering the bill favorably to the House.
Representative Mike Fitzgerald, who introduced the bill, said the measure would codify the Supreme Court’s recent decision in Loper Bright and require courts to apply de novo review to agency interpretations rather than deferring to agencies. "The consolidation of power within the executive branch directly contradicts our constitutional framework," Fitzgerald said, and he urged colleagues to restore judicial authority to interpret statutes.
Ranking Member Representative Jerry Nadler and Representative Jamie Raskin both expressed reservations. Raskin and Nadler said they had worked with the sponsor on a possible bipartisan compromise that would have kept de novo review while adding guardrails — including a statute-of-limitations provision to limit the period for facial challenges to agency rules — but that negotiations collapsed. Nadler warned that without limits on long‑running challenges the bill could create instability by allowing decades‑old rules to be litigated anew.
Supporters said codifying Loper Bright would prevent courts from deferring to agencies and would restore what they described as constitutional balance; opponents said the bill could undercut agency expertise and destabilize settled regulations. Representative Virginia Onder said she campaigned on codifying the court’s decision and called the bill "a step to make clear that the Chevron doctrine is no longer the law of the land."
The committee adopted an amendment broadening the bill to cover interpretive rules and agency guidance documents; the committee then ordered the bill reported favorably. The clerk reported 15 ayes and 12 nos on the roll call. Members have two days to submit views and staff may make technical and conforming changes before the report is filed.
Votes at a glance: H.R.1605, Separation of Powers Restoration Act — amendment in the nature of a substitute adopted; committee report ordered favorably to the House, 15–12.
