Bowling Green Today

FOR IMMEDIATE RELEASE:

July 12, 2024

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

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 an effort to retake legislative authority from administrative agencies and place it back with the Article I branch. This effort includes filing the Separation of Powers Restoration Act (SOPRA), forming a working group of Senators to discuss this goal regularly, 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.

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 arguments without a deference standard to either side, placing American citizens and businesses—either caught on the wrong side of a regulatory enforcement action or challenging agency action—on equal footing in court with an administrative agency. Earlier this Congress, the House passed this bill 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.

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 impact, limiting unlawful exercise of power by the administrative state, and effectively legislating matters typically left up to 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) are part of this group.

Dr. Paul, Sen. Schmitt, and several senators are also sending oversight letters to 101 agencies that have published over 50 final rules since 2000 asking for information on ongoing rulemaking, civil enforcement actions, adjudications by these agencies following Loper Bright's decision so that better oversight can be conducted.

Dr. Paul participated in a bicameral press conference discussing Loper Bright's impact which overturned Chevron doctrine.

Additionally, Dr. Paul announced he will introduce a new version of his REINS Act aimed at further checking federal overreach ensuring Americans can defend their rights against administrative state actions.

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