Americans for Prosperity-Alabama (AFP-AL) said on Thursday that they were disappointed to see “several pieces of priority legislation, including Judicial Deference, fail to receive final passage” in the 2025 legislative session.

The Chevron doctrine that required judges to defer to the opinion of administrative agencies was rejected at the federal level following a 2024 U.S. Supreme Court decision.

Senate Bill 248 by State Sen. Arthur Orr (R-Decatur) would’ve revised the standard of judicial review to provide that a court may consider, not defer, to an agency's interpretation of law and to favor a reasonable interpretation which limits agency power and maximizes individual liberty.

The bill passed the Senate in April unanimously, but never received a vote in the House.

AFP-AL said they would continue to prioritize the legislation and more next year to “ensure Alabamians are protected from an overreaching administrative state.”

“SB 248 would have ended judicial deference and protected Alabamians from having the scales tipped against them when faced against state agencies. Unfortunately, influence from Montgomery swamp bureaucrats within state agencies like the Alabama Medicaid Agency and Alabama Department of Human Resources worked to oppose the bill and kill it in a desperate attempt to retain their unfair advantage. It’s very disheartening to see state agencies using taxpayer funded lobbyists to work against the interests of Alabama citizens,” Adam Thompson, AFP-AL state director, said in a statement.

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