Mobile Courant

Following the Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo, U.S. Senator Tommy Tuberville (R-AL) has joined U.S. Senator Eric Schmitt (R-MO) and 17 Senate colleagues in an effort to transfer legislative authority from administrative agencies back to Congress. This initiative includes introducing the Separation of Powers Restoration Act (SOPRA), establishing 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.

"For the past 40 years, unelected bureaucrats have bypassed the legislative branch to impose their will on Americans," said Senator Tuberville. "For far too long, federal agencies have unilaterally published and enforced burdensome regulations that have crushed American businesses. Not anymore."

The oversight letter addressed to Secretary Becerra highlights concerns about how agencies will adapt following the Loper Bright decision, which overruled the Chevron doctrine. The letter states:

"Dear Secretary Becerra,

We write to inquire how your agency will apply the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo... Your agency has published 11,497 final rules since the year 2000... We believe that agencies should hew closely to the text of duly enacted laws... While some commentators suggest overruling Chevron could deprive your agency of needed flexibility... your agency should not ignore forecasts of Loper Bright’s possible far-reaching impact...

Congress is an essential partner in these efforts... Cooperation from your agency is key... We request answers by August 2, 2024.

Sincerely,

The Post-Chevron Working Group"

BACKGROUND:

SOPRA places a de novo standard of review within the Administrative Procedure Act, ending executive deference standards. Under this standard, courts weigh arguments without favoring either side, placing citizens and businesses on equal footing with administrative agencies in court.

Senators Eric Schmitt (R-MO), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Mike Braun (R-IN), John Thune (R-SD), Ted Budd (R-NC), Bill Hagerty (R-TN), Marsha Blackburn (R-TN), and Rand Paul (R-KY) co-sponsored this legislation.

In addition to SOPRA, Senator Tuberville and his colleagues are forming a Post-Chevron working group led by Senator Eric Schmitt. This group aims to assess the implications of Loper Bright and limit unlawful exercises of power by administrative entities.

Lastly, oversight letters are being sent to various agencies including Health and Human Services, Food and Drug Administration, Department of Commerce, Securities and Exchange Commission, Department of Transportation among others seeking information on ongoing rulemaking processes post-Loper Bright.

Senator Tommy Tuberville represents Alabama in the United States Senate and serves on several committees including Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.

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