Separation of Powers Restoration Act of 2023

Bill: 118-hr-288
Sponsor: Rep. Fitzgerald, Scott [R-WI-5]
Introduced: 2023-01-11 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Constitution and constitutional amendments
Judicial review and appeals

Summary:
action_date: 2023-01-11
text: 

Separation of Powers Restoration Act
 
of 202

3

 
This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies. 
 
No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.

action_date: 2023-06-01
text: 

Separation of Powers Restoration Act
 
of 2023 or SOPRA

 
This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies. 
 
No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.

action_date: 2023-06-15
text: 

Separation of Powers Restoration Act
 
of 2023 or SOPRA

 
This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, (2) rules made by agencies, (3) interpretative rules, (4) general statements of policy, and (5) all other agency guidance documents. 
 
No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.


Legislative actions:
action_date: 2023-06-20
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2023-06-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2023-06-15
text: On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
action_date: 2023-06-15
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
action_date: 2023-06-15
text: On motion to recommit Failed by the Yeas and Nays: 210 - 220 (Roll no. 270).
action_date: 2023-06-15
text: Considered as unfinished business. (consideration: CR H2944-2945)
action_date: 2023-06-15
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 288, the Chair put the question on the motion to recommit and by voice vote, announced the noes had prevailed. Ms. Dean (PA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2023-06-15
text: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
action_date: 2023-06-15
text: Ms. Dean (PA) moved to recommit to the Committee on the Judiciary. (text: CR H2944)
action_date: 2023-06-15
text: The previous question was ordered on the amendment and the bill pursuant to the rule.
action_date: 2023-06-15
text: DEBATE - Pursuant to the provisions of H. Res. 495, the House proceeded with 10 minutes of debate on the Hageman amendment No. 1.
action_date: 2023-06-15
text: DEBATE - The House proceeded with one hour of debate on H.R. 288.
action_date: 2023-06-15
text: Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
action_date: 2023-06-15
text: Considered under the provisions of rule H. Res. 495. (consideration: CR H2938-2944; text: CR H2938-2939)
action_date: 2023-06-12
text: Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
action_date: 2023-06-05
text: Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.
action_date: 2023-06-01
text: Placed on the Union Calendar, Calendar No. 60.
action_date: 2023-06-01
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
action_date: 2023-06-01
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
action_date: 2023-05-10
text: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 5.
action_date: 2023-05-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2023-01-11
text: Referred to the House Committee on the Judiciary.
action_date: 2023-01-11
text: Introduced in House
action_date: 2023-01-11
text: Introduced in House