Bowling Green Today

Dr. Paul joins Sen. Schmitt in efforts to retake legislative authority from unaccountable administrative state

WASHINGTON, D.C. – Following the Supreme Court’s ruling in Loper Bright, U.S. Senator Rand Paul (R-KY) joined U.S. Senator Eric Schmitt (R-MO) today in launching a major effort to retake legislative authority away from administrative agencies and place it back where it belongs: the Article I branch. This effort includes filing the Separation of Powers Restoration Act (SOPRA), launching a working group of Senators that will regularly meet to discuss furthering this goal, and sending letters to 101 agencies that have published more than 50 final rules since 2000 demanding answers on how current regulatory processes will be handled following the Loper Bright decision.

“The whims of an unaccountable administrative state should never rule our lives. The Supreme Court’s decision to dismantle Chevron deference stripped away some of the power it wrongly gave to unelected bureaucrats years ago, but there’s still work to do. It’s time for the Senate to rein in administrative overreach and restore Courts to their proper, constitutionally assigned role as the interpreters of the law. I’m proud to join Senator Schmitt in working for a more transparent, accountable, and restrained government in the post-Chevron era,” said Dr. Rand Paul.

“The Supreme Court’s decision in Loper Bright was a critical blow to the disastrous Chevron deference standard and represents an opportunity for Congress to retake legislative power from agencies and dismantle the administrative state. For far too long, the deck has been stacked against citizens while these all-powerful alphabet soup agencies run roughshod. Congress has abdicated its duty to legislate to nameless and faceless bureaucrats at agencies dotted around D.C.—it’s time to take that power back and return to a truly representative government. I’m proud to lead my colleagues in working to continue dismantling the administrative state following the Supreme Court’s decision in Loper Bright,” said Senator Eric Schmitt.

BACKGROUND:

The Separation of Powers Restoration Act (SOPRA) places a de novo standard of review within the Administrative Procedure Act, ending unconstitutional executive deference standards once and for all. Under a de novo standard of review, courts will weigh the merits of arguments without a deference standard either side, placing American citizens and businesses—either caught on the wrong side of a regulatory enforcement action or challenging agency actions—on equal footing with an administrative agency in court.

Earlier this Congress, the House passed SOPRA on a party-line vote. Senators Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Mike Braun (R-IN), Tommy Tuberville (R-AL), John Thune (R-SD), Ted Budd (R-NC), Bill Hagerty (R-TN) and Marsha Blackburn (R-TN) co-sponsored this legislation. Representative Fitzgerald (R-WI-05) introduced SOPRA's House companion bill.

In addition, Dr. Paul and Sen. Schmitt are establishing a Post-Chevron working group which will regularly meet to assess how best limit unlawful exercises of power by administrative states following Loper Bright's monumental decision; discuss effective Senate legislation; engage with regulatory processes formerly left up agency deference; seek information ongoing rulemaking civil enforcement actions adjudications impacted by Loper Bright's ruling so better conduct oversight.

Senators Rick Scott (R-FL), John Cornyn (R-TX), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst(R-IA); Cynthia Lummis(R-WY); Mike Braun(R-IN); Tommy Tuberville(R-AL); Thom Tillis(R-NC); Ted Budd(R-NC); Pete Ricketts(R-NE); Roger Marshall(KS); Bill Hagerty(TN); Marsha Blackburn(TN); John Thune(SD); Ron Johnson(WI) are part working group & joined oversight letters sent 101 agencies since year 2000 publishing >50 final rules including Health Human Services Food Drug Administration Commerce Securities Exchange Commission Transportation others ask information ongoing rulemaking civil enforcement adjudications impact moving forward oversight letters read HERE example letter

Alongside these efforts Dr.Paul participated bicameral press conference past week discussing impact Supreme Court's overturning longstanding Chevron doctrine watch remarks press conference HERE

Also announced introduce new version REINS Act check federal overreach ensure Americans tools defend rights against administrative state

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