H.R. 288 · 118th Congress

Requires courts to decide legal questions without deferring to agency interpretations

Official title: Separation of Powers Restoration Act of 20231

Did not become lawFederal agencies' power to write rules

§1What it does

Why this matters: A plain-English description of the bill as it was voted on, written by us from the official summary and text.

Drafted by AI from the public sources cited. Each sentence links to its source.

The bill would change how federal courts review actions by federal agencies, requiring judges to decide all relevant legal questions themselves instead of deferring to an agency's interpretation.2,3 This would cover how courts read the Constitution, federal laws, agency regulations, and agency guidance such as interpretive rules and policy statements.3 A later law could exempt a lawsuit from this standard of review only by referring to this provision specifically.3

§2Status

StatusLatest action, June 20, 2023: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.1
IntroducedJanuary 11, 2023
SponsorRep. Fitzgerald, Scott [R-WI-5]
Cosponsors13 cosponsors (13 Republican)
Official recordH.R. 288 on Congress.gov

§3How Congress voted

Why this matters: The official count.

House, June 15, 2023

On Passage: Passed — 220 yes, 211 no, 2 not voting.4