House Passes Bill Letting Courts Void Agency Rules

(Dreamstime)

By    |   Thursday, 15 June 2023 10:49 PM EDT ET

The House passed legislation Thursday night that would expand the ability of federal courts to strike down regulations and rules instituted by federal agencies, Just the News reported.

The Separation of Powers Restoration Act passed along party lines by a vote of 220-211.

According to an analysis from the Congressional Budget Office, the bill authorizes courts to "decide all relevant questions of law ... without deferring to previous legal determinations by the agency."

That means some agency decisions that would have been upheld previously would be on the chopping block if deemed unconstitutional, including those that affect direct spending, revenues, and spending subject to appropriation.

"The Constitution was clear: Congress shall have the power to legislate, and the judiciary shall have the power to review," stated Rep. Jodey Arrington, R-Texas.

"This bill restores the constitutional role of our Legislature and judiciary as the Founders intended," he added.

The act is a direct response to the precedent set forth by the landmark Chevron v. Natural Resources Defense Council decision by the Supreme Court in 1984, which determined courts must defer to agency interpretations.

It now heads to the Democratic-controlled Senate.

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The House passed legislation Thursday night that would expand the ability of federal courts to strike down regulations and rules instituted by federal agencies, Just the News reported.
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Thursday, 15 June 2023 10:49 PM
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