Meeting Public Comments

Brian Norman [Goldwater Institute]

On behalf of the Goldwater Institute, I am writing in support of HF 36. HF 36 states that judges shall not defer to state agency interpretations of statutes or regulations and must instead interpret the laws meaning and effect do novo. Across the nation, government agencies often apply overzealous interpretations of their own statutes and regulations which serve to expand their own power in enforcement or regulatory proceedings. These generous interpretations are then upheld by exceedingly deferential courts, which can expand agency power in a manner that goes against legislative intent. This dynamic effectively turns administrative agencies into lawmaking entities that step into the constitutional domain of the legislative branch. This status quo is woefully biased in favor of the government, and it is irreparably harming Americans from all walks of life. In fact, in 2024, the United States Supreme Court finally recognized that agency deference is fundamentally unfair and that courts have the sole constitutional duty to interpret law by overturning Chevron deference in Loper Bright v. Raimondo. However, Iowa state courts still defer to state agency interpretations of law and regulation in certain circumstances.HF 36 levels the playing field by requiring courts to review agency actions without deference and interpret the relevant legal texts de novo. This provision will ensure that judges are neutral arbiters of justice rather than parties biased in favor of administrative power. The legislations presumption in favor of minimizing agency power will create a necessary check on the administrative states everexpanding shadow over our individual liberties and protect the legislatures constitutional lawmaking prerogative.In 2018, based on legislation developed by the Goldwater Institute, Arizona became the first state in the country to adopt this reform. Just last year, Idaho, Nebraska and Indiana each adopted legislation ending judicial deference to state agencies, and ten other states have ended judicial deference via legislation or court decisions in prior years. Adopting HF 36 will protect your constituents constitutional rights before deferential judges and reclaim the legislative branchs sole authority to create law. The Goldwater Institute works in courtrooms, capitols, and communities nationwide to protect constitutional rights and empower individuals to live freer lives, and we applaud the Iowa legislature for considering this impactful reform.