S. 4727, known as the Separation of Powers Restoration Act of 2024, would change how federal courts review decisions made by government agencies. Currently, courts often defer to an agency's own interpretation of unclear laws or regulations under a legal doctrine known as Chevron deference. This bill would eliminate that deference by requiring courts to independently decide, or review "de novo," all legal questions involved in agency actions, including interpretations of statutes, regulations, and guidance documents. The change would apply broadly to nearly all lawsuits challenging federal agency decisions, and no future law could exempt a case from this requirement unless it specifically says so. In practical terms, this would affect any individual, business, or organization involved in litigation against federal agencies, shifting more power to judges and away from agencies in interpreting the law.
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