Bowling Green Today

U.S. Senator Rand Paul (R-KY) has joined forces with U.S. Senator Eric Schmitt (R-MO) in a significant initiative aimed at reclaiming legislative authority from administrative agencies. This move follows the Supreme Court's ruling in Loper Bright, which dismantled the Chevron deference standard.

Senator Paul emphasized the need for legislative control, stating, "The whims of an unaccountable administrative state should never rule our lives." He added that the Supreme Court's decision was a step towards reducing bureaucratic power but noted that more work remains to be done. "I’m proud to join Senator Schmitt in working for a more transparent, accountable, and restrained government in the post-Chevron era," Paul said.

Senator Schmitt echoed these sentiments, describing the Supreme Court's decision as an opportunity for Congress to regain its legislative powers. "For far too long, the deck has been stacked against citizens while these all-powerful alphabet soup agencies run roughshod," he remarked.

The core of this initiative is the Separation of Powers Restoration Act (SOPRA), which introduces a de novo standard of review within the Administrative Procedure Act. This change aims to eliminate unconstitutional executive deference standards and ensure that courts weigh arguments without bias towards either side.

The House has already passed SOPRA on a party-line vote earlier this year. The bill is co-sponsored by 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). Representative Fitzgerald (R-WI-05) introduced the House companion to SOPRA.

In addition to SOPRA, Dr. Paul and Sen. Schmitt are forming a Post-Chevron working group comprising several senators who will regularly meet to discuss limiting administrative power and enhancing Senate legislation on matters previously left to agency discretion.

Furthermore, oversight letters are being sent to 101 agencies that have published over 50 final rules since 2000. These letters seek information on ongoing rulemaking and enforcement actions post-Loper Bright decision to enable better congressional oversight.

Dr. Paul also announced plans to introduce a new version of his REINS Act aimed at further curbing federal overreach and empowering Americans against administrative state actions.