In a major win for individual liberty and the separation of powers, Kansas has officially ended the practice of judicial deference to government agency interpretations of law and their own regulations. Governor Laura Kelly recently signed House Bill 2183 into law, making Kansas the latest state to abolish this practice through legislation or court action.
The legislation was inspired by the Judicial Deference Reform Act, the Goldwater Institute’s joint model legislation with the Pacific Legal Foundation to restore impartiality to the judicial system and rein in the administrative state. With this move, Kansas joins a growing national movement, started by Arizona in 2018, to ensure that the law is interpreted by neutral judges, not the agencies enforcing it.
Kansas Joins National Push to Curb Agency Power
Across the nation, government agencies often expand their own power by applying generous interpretations of statutes and their own regulations. Historically, these expansive interpretations have been upheld by overly deferential courts, creating a legal system where the cards are stacked in favor of unelected government bureaucrats and against average Americans. Moreover, when judges defer to agency interpretations, our constitutional system of separation of powers is subverted, granting the executive branch expansive lawmaking powers properly reserved for the legislature.
This reform is not about second-guessing technical judgments or scientific conclusions—it is about interpreting the law. Through agency deference, judges abdicate their duty as neutral arbiters, giving government agencies a built-in advantage in court. This matters because agencies regulate nearly every aspect of daily life, from healthcare and housing to fishing, farming, and finance. When agencies have both the power to write regulations and an automatic upper hand in court, accountability and individual liberty suffer.
A Level Playing Field for Kansans
HB 2183 levels the playing field for Kansans by ensuring that judges are not biased in favor of government arguments. The bill requires courts to interpret the meaning and effect of statutes and regulations de novo—a legal term meaning they must look at the law anew without relying on an agency’s preferred interpretation. This rebalances the scales of justice and gives average citizens a fair shot in court.
The Goldwater Institute applauds the Kansas Legislature for securing this major victory for liberty. We would also like to extend a special thanks to our partners at Americans for Prosperity-Kansas, whose instrumental work on the ground secured this victory.
