Springfield Standard

Senator Eric Schmitt has reintroduced two legislative proposals designed to limit the influence of the administrative state. The Expediting Reform and Stopping Excess Regulations Act (ERASER) and the Separation of Powers Restoration Act (SOPRA) are aimed at reducing regulatory power.

Schmitt stated, "Reining in an out-of-control administrative state has long been one of my top priorities, and I look forward to working hand-in-hand with the incoming Trump Administration to accomplish the shared goal of gutting the administrative state and clawing power out of the hands of nameless, faceless bureaucrats and returning it back to the people." He explained that "The ERASER Act would require agencies who wish to enact a new regulation to pull three regulations off the books. And the Separation of Powers Restoration Act would put a stop to courts’ deference to agency interpretation on regulations and enact a much stricter review, putting power back in the hands of the People where it belongs."

The ERASER Act mandates that any agency seeking to implement a new rule must first repeal three existing rules. It also specifies that major rules, which cost $100 million or more or have significant impacts on industries or competition, cannot be issued unless their cost is offset by repealed rules. The bill provides limited exceptions for internal governance and requires a study by GAO on current regulations.

SOPRA introduces a de novo standard of review for courts assessing agency actions. This change would eliminate executive deference standards, allowing courts to evaluate cases without bias towards either side. It empowers courts to decide all legal questions related to constitutional interpretations, statutory provisions, and policy statements.

Senator Rick Scott has cosponsored ERASER, while Senators Ted Cruz, Kevin Cramer, Rand Paul, Joni Ernst, Ted Budd, Marsha Blackburn, Katie Britt, and Bill Hagerty have joined as cosponsors for SOPRA.