Statement of Administration Policy: H.R. 4768 – Separation of Powers Restoration Act of 2016

(House Rules)

(Rep. Ratcliffe, R-TX, and 113 cosponsors)

The Administration strongly opposes House passage of H.R. 4768, the Separation of Powers Restoration Act of 2016, because it would unnecessarily overrule decades of Supreme Court precedent, it is not in the public interest, and it would add needless complexity and delay to judicial review of regulatory actions. This legislation would allow Federal courts reviewing an agency action to conduct de novo review of all relevant questions of law without deferring to the legal interpretation of the agency. Both Federal statutes and case law provide Federal courts with the appropriate tools to review regulatory actions and afford appropriate deference to the expertise of the agencies that promulgated the rules and regulations under review.

If the President were presented with H.R. 4768, his senior advisors would recommend he veto the bill.