The U.S. Supreme Court’s rejection of the Chevron doctrine last summer (see Loper Bright Enterprises v. Raimondo) represents a significant shift in constitutional law. This longstanding legal standard, which required judges to defer to administrative agencies’ interpretations of ambiguous statutes, has been set aside following considerable criticism from conservatives.
The doctrine’s demise reflects growing concern that such deference had become problematic, effectively enabling the expansion of administrative power.
The cumulative effect of these judicial concessions was that agencies, naturally inclined toward extending their authority, were allowed to interpret statutory gaps as opportunities to broaden their reach. Each instance of judicial deference further encouraged these unelected regulatory bodies to enlarge their jurisdiction.
In this manner, the administrative state found protection in the very institution designed to provide checks and balances. The High Court has now reclaimed the judiciary’s constitutional role in interpreting the law rather than mechanically deferring to agency interpretations of statutory vagaries.
Against this backdrop, Alabama Sens. Arthur Orr (R-Decatur) and Tom Butler (R-Madison) introduced Alabama Senate Bill 248 (SB248), which modifies the state’s Administrative Procedure Act in a manner consistent with the U.S. Supreme Court’s recalibration of power. This legislative initiative strengthens judicial scrutiny of administrative pronouncements by establishing more precise parameters for review.
States that passed similar legislation include Arizona, Idaho, Indiana, Kentucky, Nebraska, Tennessee and Wisconsin.
The bill’s construction is notable for its insistence that courts may consider an agency’s interpretation of a statute without being bound to defer to it, thereby preserving judicial independence while acknowledging that agencies possess specialized technical knowledge.
SB248 further directs judicial authorities to resolve interpretive ambiguities in favor of constraining bureaucratic latitude while amplifying individual freedom. The proposed legislation maintains a structured appellate process for challenging agency determinations.
A state-level counterpart to the judicial branch’s national retrenchment from administrative deference, SB248 embodies the principle that unelected agencies must not become the arbiters of their own authority through self-serving statutory interpretations. As of this writing, it has unanimously passed the Senate committee and is awaiting further action.
Adam Thompson, Alabama State Director of Americans for Prosperity, emphasizes the personal stake for Alabama residents: “Alabama law does not protect citizens from having the scales tipped against them in challenges with state agencies. In showing deference to state agencies, judges abdicate their duty to say what the law is rather than what state agency bureaucrats think it should be.”
Thompson notes that “SB248 by Senator Arthur Orr and Senator Tom Butler provides this solution by instructing Alabama courts to first use the customary tools of judicial interpretation, rather than deferring to the opinions of state agency bureaucrats. The court may still consider, but shall not defer, to an agency's interpretation. It also says courts must interpret truly vague statutes in favor of a reasonable interpretation which limits agency power and maximizes individual liberty.”
Our legislators would be well-advised to advance SB248, which represents a reassertion of constitutional principles that have become attenuated through decades of bureaucratic accretion.
The bill restores proper equilibrium between the three branches of government, with courts resuming their intended role as independent arbiters rather than ceremonial ratifiers of agency ambition.
The accelerating growth of the administrative state – that fourth branch never contemplated by our constitutional architects – demands this correction. When regulatory bodies function as quasi-legislators and quasi-courts simultaneously, the separation of powers becomes an empty formality.
SB248 should appeal, across party lines, to all who value constitutional governance. The administrative state’s inexorable increase intrudes equally upon business liberty and individual rights while bureaucratic growth threatens economic freedom. SB248 represents a necessary course correction.
Allen Mendenhall is Associate Dean and Grady Rosier Professor in the Sorrell College of Business at Troy University and Executive Director of the Manuel H. Johnson Center for Political Economy. Visit his website at AllenMendenhall.com.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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