In a victory for individual liberty, Alabama Gov. Kay Ivey has signed a law to ensure that the deck will no longer be stacked against citizens who challenge the government in court. Senate Bill 167, championed by state Sen. Arthur Orr and Rep. Bryan Brinyark, ends the practice of judicial deference to administrative agencies’ interpretations of the law and their own regulations, affirming that courts—not unelected bureaucrats—determine what the law means.
The legislation was inspired by the Judicial Deference Reform Act, the Goldwater Institute’s joint model legislation with the Pacific Legal Foundation, which aims to rein in the sprawling administrative state by making it clear that in court the scales will not be tipped in the government’s favor.
The reform comes at a pivotal moment. In 2024, the U.S. Supreme Court overturned the federal Chevron doctrine, which required courts to defer to federal agencies’ interpretations of ambiguous laws. However, this decision did not apply to state level judicial deference doctrines. Recognizing that judicial deference is fundamentally unfair to average Americans, Alabama lawmakers passed SB 167 to ensure that this misguided doctrine no longer holds sway in the state.
Across the nation, government agencies often expand their own power by applying generous interpretations of statues and their own regulations. When these expansive interpretations are then upheld by overly deferential courts, it creates a legal system where the cards are stacked in favor of unelected government bureaucrats and against average Americans. Moreover, when judges constantly defer to agency interpretations of law, our constitutional system of separation of powers is subverted, and the executive branch is granted expansive lawmaking powers that are properly reserved for the legislative branch.
SB 167 levels the playing field by ensuring that judges are not automatically biased in favor of government arguments and administrative power. The bill is designed to give average citizens a fair shot in court and rebalance the scales of justice.
When courts allow overbroad statutes and vague regulations to stand, it leads to economic stagnation and the growing sense that opportunity is reserved for those with the time and money to influence the system. Arizona was the first state to pass legislation ending judicial deference to administrative agencies in 2018, and numerous other states have since followed Arizona’s lead.
The Goldwater Institute applauds the Alabama legislature for its overwhelming support of this important legislation and thanks Gov. Ivey for her signature. The Institute also congratulates Americans for Prosperity – Alabama and the Alabama Policy Institute for securing this win for liberty.
