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Published on March 05, 2025
Oklahoma House Votes to End "Chevron Deference," Bolsters Legislative Authority Over AgenciesSource: Oklahoma House of Representatives

In a decisive move that could significantly reshape the judicial scrutiny of administrative decisions, the Oklahoma House of Representatives has voted in favor of a bill that would end the legal principle known as "Chevron deference." This principle, which has directed courts to defer agencies' interpretations of ambiguous rules, was recently overturned by the U.S. Supreme Court, and Oklahoma legislators have swiftly followed suit with House Bill 2729, as stated by the Oklahoma House of Representatives.

Rep. Gerrid Kendrix, who shoulders the role of both the bill's author and the chair of the House Administrative Rules Committee, argues for a return of power to the legislature and the courts. "When agencies that create administrative rules, which hold the weight of law, are allowed to interpret these rules themselves, unelected bureaucrats are effectively writing laws that bypass the legislative process," Kendrix said, according to the Oklahoma House of Representatives. He insists that this practice "undermines the intent of both the U.S and Oklahoma Constitutions."

The bill is looking to realign the judicial lens through which legislative intent and administrative rules are viewed, suggesting that ambiguous rules should, after applying standard interpretative methods, be resolved in favor of those that restrict agency power and enhance individual liberty. House Speaker Kyle Hilbert reiterated this sentiment by stating, "By eliminating the Chevron deference, we are restoring proper checks and balances and reaffirming that agencies cannot expand their own authority beyond what the law allows," as reported by the Oklahoma House of Representatives.

Supporters of the bill say it gives lawmakers the job of making laws, as they were elected to do. HB2729 passed the House with a 79-16 vote and is now moving to the Senate for further review.