U.S. Sen. Katie Britt (R-Montgomery) recently reintroduced the Separation of Powers Restoration Act to end what she and other lawmakers believe is an unconstitutional practice of giving unelected government agencies deference in court.
Britt sponsored the bill with U.S. Sen Eric Schmitt (R-Mo.) and seven other senators. An identical bill was filed last year but failed to gain traction in the Senate after clearing the House of Representatives.
The legislation places a de novo standard of review within the Administrative Procedures Act, ending the practice of granting deference to administrative agencies.
De novo is a Latin phrase that means "anew" or "from the beginning," meaning the courts would approach any case from a brand new perspective, deciding the issues without any assumption made by a previous court.
"The idea that administrative agencies should have deference in court proceedings flies in the face of the republican ideals of our Founding Fathers," Britt said. "There is no reason for unelected bureaucrats to wield near-absolute power, especially when our Constitution explicitly vests the authority and responsibility to make laws in the legislative branch.
"The Separation of Powers Restoration Act is a key step in handing the reins back to the people, not unaccountable figures in the administrative state. I look forward to continuing to work with President Trump, his administration, and the Republican majorities in the Senate and the House to restore control of government to hardworking Americans. I appreciate Senator Eric Schmitt's strong leadership in introducing this commonsense, pro-constitution legislation."
Under a de novo standard of review, courts will weigh the merits of the argument without a deference standard given to either side. This means citizens and businesses caught up in regulatory enforcement actions or challenging the validity of agency action will be treated equally in court with an agency.
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