"Separation of Powers Restoration Act" Expands Court Power Over Agencies: Judges Can Now Overrule Expert Decisions

The "Separation of Powers Restoration Act of 2025" (SOPRA) significantly shifts the balance of power between government agencies and the courts. This bill, effective immediately upon passage, gives federal judges the power to completely re-decide agency interpretations of laws and regulations. Instead of deferring to agency expertise, courts will now review these decisions "de novo" – meaning from scratch, as if the agency's interpretation doesn't exist (SEC. 2).

Remaking the Rules

This act changes a fundamental aspect of administrative law. Previously, courts often deferred to agencies' interpretations of laws they administer, acknowledging their specialized knowledge. SOPRA removes that deference. Now, if an agency like the EPA interprets an environmental regulation, a court can substitute its own interpretation, regardless of the EPA's scientific expertise. This applies across the board to "any action for judicial review of agency action" unless explicitly exempted by another law (SEC. 2).

Real-World Ripple Effects

Imagine a small business owner who's been following EPA guidelines on waste disposal, investing in specific equipment to comply. If a court, under SOPRA, reinterprets those guidelines de novo, that business owner might find their investments suddenly non-compliant, forcing unexpected costs. Or consider a construction worker relying on OSHA safety regulations. If those regulations are reinterpreted by a judge with no background in construction safety, it could create confusion and potentially hazardous conditions on job sites. These aren't just hypothetical scenarios; they're the direct result of giving courts de novo review power over every agency's interpretation of the rules.

The Bigger Picture: Expertise on the Sidelines?

While the bill is presented as restoring the separation of powers, it could, in practice, tilt the balance away from the agencies Congress created to handle complex issues. This raises concerns about courts potentially becoming bogged down in technical disputes, and whether judges, who are generalists, are best equipped to make decisions requiring specialized knowledge. This broad application, covering nearly all agency actions, could lead to a surge in legal challenges, creating uncertainty for everyone from trade workers to office managers trying to follow the rules. It also opens the door for those with deeper pockets to challenge regulations they don't like, potentially tying up agency actions in court for years.