H.R.288 — Separation of Powers Restoration Act of 2023
House Roll Call
H.R.288
| Bill | H.R.288 — Separation of Powers Restoration Act of 2023 |
|---|---|
| Vote question | On Passage |
| Vote type | Yea-and-Nay |
| Result | Passed |
| Totals | Yea 220 / Nay 211 / Present 0 / Not Voting 2 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 219 | 1 | 0 | 1 |
| D | 1 | 210 | 0 | 1 |
| I | 0 | 0 | 0 | 0 |
Research Brief
On Passage
Bill Analysis
The Separation of Powers Restoration Act of 2023 (HR 288) aims to enhance the balance of power among the three branches of the U.S. government by amending the Administrative Procedure Act (APA). The bill seeks to restore the principle that courts should review agency actions based on the original meaning of statutes rather than deferring to agencies’ interpretations, thereby reinforcing judicial oversight of executive agency decisions.
Key provisions of HR 288 include the elimination of the Chevron deference doctrine, which currently allows courts to defer to federal agencies’ interpretations of ambiguous statutes they administer. The bill mandates that courts interpret statutory language independently, ensuring that legislative intent is upheld without agency influence. This shift is intended to empower individuals and entities affected by agency regulations by allowing for more robust judicial review.
The bill primarily affects federal regulatory agencies, including but not limited to the Environmental Protection Agency (EPA), Department of Health and Human Services (HHS), and the Federal Communications Commission (FCC). By changing the standard of judicial review, the legislation could significantly impact how regulations are implemented and challenged in court, potentially leading to increased litigation against federal agencies.
Beneficiaries of this legislation include citizens and businesses that seek to contest federal regulations perceived as overreaching or misinterpreted. By limiting agency power, the bill aims to enhance accountability and transparency in the regulatory process.
As of the latest action, HR 288 has been received in the Senate, read twice, and referred to the Committee on Homeland Security and Governmental Affairs for further consideration. The timeline for further action remains uncertain, as it will depend on the committee’s agenda and subsequent legislative priorities.
Yea (220)
D
Dan Bishop
K
Ken Buck
L
Larry Bucshon
M
Michael Burgess
J
Jerry Carl
L
Lori Chavez-DeRemer
A
Anthony D'Esposito
J
John Duarte
J
Jeff Duncan
A
A. Ferguson
M
Mike Gallagher
M
Mike Garcia
B
Bob Good
K
Kay Granger
G
Garret Graves
B
Bill Johnson
D
Doug Lamborn
J
Jake LaTurner
D
Debbie Lesko
B
Blaine Luetkemeyer
P
Patrick McHenry
M
Marcus Molinaro
A
Alexander Mooney
G
Greg Pence
B
Bill Posey
C
Cathy Rodgers
M
Matthew Rosendale
G
George Santos
M
Michelle Steel
C
Chris Stewart
M
Michael Waltz
B
Brad Wenstrup
B
Brandon Williams
Nay (211)
C
Colin Allred
E
Earl Blumenauer
J
Jamaal Bowman
C
Cori Bush
Y
Yadira Caraveo
T
Tony Cárdenas
M
Matt Cartwright
G
Gerald Connolly
A
Anna Eshoo
M
Matt Gaetz
R
Raúl Grijalva
B
Brian Higgins
J
Jeff Jackson
S
Sheila Jackson Lee
D
Daniel Kildee
D
Derek Kilmer
A
Ann Kuster
B
Barbara Lee
K
Kathy Manning
G
Grace Napolitano
W
Wiley Nickel
B
Bill Pascrell
D
Donald Payne
M
Mary Peltola
D
Dean Phillips
K
Katie Porter
C
C. Ruppersberger
J
John Sarbanes
E
Eric Swalwell
D
David Trone
J
Jennifer Wexton
S
Susan Wild
Not Voting (2)
M
Mark Green
