House Votes to Restore Separation of Powers
Washington, D.C. – House Majority Leader Kevin McCarthy (CA-23) released the following statement on House passage of H.R. 4768, the Separation of Powers Restoration Act (SOPRA):
“To protect against tyranny, America has long held to the principle that those who develop and enforce the rules should not be the same as those who judge and interpret whether there has been a violation of those rules. Combining those two powers into one person or body is an obvious conflict of interest with dangerous ramifications. Yet this injustice has effectively become the law of the land.
“Because of the Supreme Court’s Chevron and Auer decisions, when the American people challenge federal regulations, the courts defer to the regulators to decide how to interpret the law—deference that essentially puts regulators on the bench in the place of the judge. So it’s no surprise that when the American people challenge regulations, the regulators almost always win. Representative John Ratcliffe’s (TX-04) legislation helps return to the American people their right to impartial justice by ending this deference. This will restore the separation of powers among the branches of the federal government that we all rely on to protect our rights and ensure equal justice for all.”