Separation of Powers Restoration Act of 2025
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Would amend the Administrative Procedure Act to require federal courts to independently decide all questions of law when reviewing agency actions — including how agencies interpret statutes and their own rules — without deferring to the agency's reading.
This would codify into statute a de novo judicial review standard, meaning judges must form their own legal conclusions rather than give weight to agency expertise, a change that could expose a wide range of existing regulatory interpretations to fresh legal challenge.
What this bill would do
What it would do
The bill would amend Section 706 of title 5, United States Code — the judicial review provision of the Administrative Procedure Act — to require reviewing courts to decide "de novo" (independently, without crediting the agency's interpretation) all relevant questions of law. This would cover courts' interpretation of constitutional provisions, statutory provisions, and rules made by agencies. Under the bill, this de novo standard would apply in any civil action for judicial review of agency action authorized under any provision of law.
The bill would also provide that no other law may exempt a civil action from this standard unless it does so by specific reference to this section. The bill does not itself change any agency's substantive authority, the rules agencies may make, or the enforcement procedures agencies use — it affects only the standard courts apply when a legal dispute over agency action reaches them.
Key provisions
- 1Would amend 5 U.S.C. § 706 to require courts to decide de novo all relevant questions of law, including interpretation of constitutional and statutory provisions and agency-made rules.
- 2Would make the de novo review standard applicable in any civil action for judicial review of agency action authorized under any provision of law, overriding inconsistent statutes.
- 3Would bar any law from exempting a civil action from the de novo review standard unless that law does so by specific reference to this section.
Who would be affected
Businesses, individuals, states, and other parties that bring or defend lawsuits challenging federal agency actions; federal courts that review those actions; and every federal agency whose statutory interpretations and regulatory readings would be subject to fresh independent judicial scrutiny rather than receiving any measure of deference.
Why it matters
If enacted, parties challenging agency rules or interpretations would no longer need to overcome a presumption that the agency read the law correctly. Courts would reach their own legal conclusions from scratch, potentially invalidating long-settled regulatory interpretations. Agencies would lose the interpretive advantage that has historically allowed them to fill ambiguous statutory gaps with policy judgments, shifting that power to the judiciary.
What would change
Changes to existing law
Amends Administrative Procedure Act, 5 U.S.C. § 706 (Sec. 2)
Adds a de novo review requirement for all questions of law, including statutory, constitutional, and regulatory interpretation, and bars exemptions absent a specific statutory reference.
Funding and costs
Congressional Budget Office estimate
CBO has no basis to estimate the budgetary effects of H.R. 1605, as the bill's fiscal impact depends on unpredictable future court decisions overturning agency rules.
CBO found it has no basis to estimate the budgetary effects of enacting H.R. 1605, the Separation of Powers Restoration Act of 2025, for any of the scoring windows (2025, 2025–2030, or 2025–2035). The bill would require federal courts to decide all relevant questions of law without deferring to agencies' prior legal interpretations, meaning courts could overturn some agency decisions that they would have upheld under current law — potentially affecting direct spending, revenues, and discretionary appropriations. However, CBO could not estimate the likelihood that specific agency actions would be overturned or quantify the resulting spending effects. The bill contains no intergovernmental or private-sector mandates as defined by the Unfunded Mandates Reform Act, though statutory pay-as-you-go procedures do apply.
How implementation would work
The change would be self-executing upon enactment: any court reviewing an agency action under any federal law would apply the de novo standard to legal questions, including statutory and regulatory interpretation. No rulemaking or agency action is needed to implement the bill. The override clause — barring any law from exempting civil actions unless it specifically references this section — would require Congress to revisit any existing judicial review provisions that currently grant agencies interpretive deference, if it wanted to preserve them.
Legislative status & sources
Latest action
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 15 - 12.
Official CRS summary
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Separation of Powers Restoration Act of 2025 or the SOPRA
This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies.
No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.
Legislative subjects
Administrative law and regulatory procedures; Constitution and constitutional amendments; Government Operations and Politics; Judicial review and appeals