On July 12, 2016, the House of Representatives passed H.R. 4768, the “Separation of Powers Restoration Act of 2016” by a vote of 240-171. Short in length, the legislation amends the Administrative Procedure Act to overturn the Chevron and Auer doctrines of judicial deference to agency interpretations of statutory and regulatory provisions. Reviewing courts would decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules made by agencies. More information can be found in House Report 114-622, here.
In practice, what the bill means is that some of the U.S. Department of Education’s recent, controversial interpretations (purported) of Title IX and its regulations would be scrutinized without the current requirement that the court give a nod, in effect, to the agency’s legal views.