Springfield Standard

WASHINGTON – Following the Supreme Court’s ruling in Loper Bright, Senator Schmitt today led his colleagues in launching a major 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, and sending letters to 101 agencies that have published more than 50 final rules since 2000.

"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," said Senator Eric Schmitt. "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."

Senator Pete Ricketts remarked, "It’s Congress’ job to make laws, not bureaucrats. The Supreme Court’s elimination of ‘Chevron Deference’ represents a generational step in restoring Congress’ power. To prevent future bureaucratic overreach, Congress must now step up."

Senator Rick Scott added, "For too long, the Chevron Doctrine fueled an abandonment of our separation of powers by allowing the Executive to write and interpret the law as it saw fit. The recent Supreme Court decision reaffirmed the separation of powers and reinforced the constitutional roles played in our federal government."

Senator Cynthia Lummis commented on President Biden's administration: "The Constitution is clear: decision-making powers lie with democratically-elected members of Congress, not unelected bureaucrats... In light of the Supreme Court’s ruling, I am partnering with my colleagues to take necessary steps to restore legislative powers."

Senator Ted Budd emphasized economic implications: "The Supreme Court’s overruling of the Chevron doctrine is a major win for economic freedom... SOPRA builds on Loper Bright to give private citizens and small businesses a fighting chance when they are harmed by federal overreach."

Dr. Rand Paul stated, "The whims of an unaccountable administrative state should never rule our lives... It’s time for the Senate to rein in administrative overreach and restore Courts to their proper role as interpreters of law."

Senator John Cornyn expressed optimism about oversight: "I’m glad the Supreme Court took power out of unelected bureaucrats' hands... I look forward to conversations with my colleagues as we chart a path forward now that this has been struck down."

Senator Tommy Tuberville noted historical context: "For 40 years, unelected bureaucrats have bypassed legislative processes... Not anymore. In ending ‘Chevron deference,’ elected members will now write laws."

Lastly, Senator Joni Ernst highlighted constituent concerns: "Iowans want less government involvement... Now we must ensure bureaucratic overreach comes to a swift stop."

BACKGROUND: The Separation of Powers Restoration Act (SOPRA) places a de novo standard within the Administrative Procedure Act, ending executive deference standards. Earlier this year, SOPRA passed in the House along party lines.

In addition to SOPRA's introduction by Representative Fitzgerald (R-WI-05) in the House and co-sponsorship by multiple Senators including Ted Cruz (R-TX) and Kevin Cramer (R-ND), Senator Schmitt leads efforts establishing a Post-Chevron working group comprising several Senators who will meet regularly.

Finally, oversight letters are being sent by Senators including Rick Scott (R-FL) and John Cornyn (R-TX) requesting information from various federal agencies on rulemaking following Loper Bright's impact.