Bowling Green Today

FOR IMMEDIATE RELEASE:

July 12, 2024

Contact: Press_Paul@paul.senate.gov, 202-224-4343

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 the filing of the Separation of Powers Restoration Act (SOPRA), the launching of a working group of Senators that will regularly meet to discuss furthering this goal, and 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 deferring either side's position, placing American citizens and businesses—either caught on the wrong side of a regulatory enforcement action or challenging agency action—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 to SOPRA, Dr. Paul and Sen. Schmitt are establishing a Post-Chevron working group that will regularly meet to discuss assessing Loper Bright's monumental decision impact, limiting unlawful power exercises by administrative states, and enabling more effective Senate legislation on matters previously left up agency deference.

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(R-KS ), Bill Hagerty(R-TN ), Marsha Blackburn(R-TN ), John Thune(R-SD )and Ron Johnson(R-WI )are part of this working group.

Lastly, Dr.Paul , Sen.Schmitt ,and several fellow senators are sending oversight letters addressed towards 101 agencies publishing over 50 final rules since year2000 .These include Department Health Human Services , Food Drug Administration , Department Commerce , Securities Exchange Commission , Department Transportation among others .The senators request information regarding ongoing rulemaking civil enforcement actions adjudications impacted by Loper Bright so better conduct oversight those agencies .

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(NC )Pete Ricketts(N E )Mike Lee(U T )Roger Marshall(K S )Marsha Blackburn(T N )Bill Hagerty(T N )Ron Johnson(W I )John Thune(S D ).

You can read an example oversight letter HERE .

Alongside these efforts Dr.Paul participated bicameral press conference discussing impact Supreme Court decision overturning longstanding Chevron doctrine .Watch his remarks press conference HERE .

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

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