GOP-led House passes Separation of Powers Restoration Act

"H.R. 288 would authorize federal courts that review agency actions to decide all relevant questions of law," according to an analysis from the Congressional Budget Office.

By Nicholas Ballasy

Published: June 15, 2023 12:01pm

The GOP-led House passed the Separation of Powers Restoration Act on Thursday by a vote of 220-211.

"H.R. 288 would authorize federal courts that review agency actions to decide all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules, without deferring to previous legal determinations by the agency," according to an analysis from the Congressional Budget Office.

The CBO analysis states that under the bill, "federal courts could overturn some agency decisions that they would have upheld under current law" and some of those "decisions could affect federal spending by overturning regulations that affect direct spending, revenues, and spending subject to appropriation."

The CBO reported that it didn't have a "basis for estimating either the likelihood that such actions would be overturned or what the effects on spending might be."