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Constitutional Law

Aug. 31, 2016

Separation of powers bill has wrong target

With the Separation of Powers Restoration Act, members of Congress are seeking to eliminate Chevron deference. But the act is aimed at the wrong target, and is unlikely to accomplish its goal. By Kristin E. Hickman

Kristin E. Hickman

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By Kristin E. Hickman

With the Separation of Powers Restoration Act of 2016 (SOPRA), members of Congress propose to amend the Administrative Procedure Act (APA) for the purpose of eliminating the deferential standard of judicial review for agency interpretations of statutes outlined in Chevron USA Inc. v. N...