Politiparty
Politiparty
LeaderboardCongressBills

118th Congress Government Operations and Politics

H.R. 288: Separation of Powers Restoration Act of 2023

Passed HouseJun 15, 2023

  1. Introduced (completed)Jan 11, 2023
  2. Passed House (completed)Jun 15, 2023, 220–211
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in House, Jan 11, 2023

Separation of Powers Restoration Act of 2023

This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies.

No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Jun 15, 2023

On Passage

Passed 220–211

Yea 220majority 216Nay 211

  • Democrats1 yea, 210 nay
  • Republicans218 yea, 1 nay
  • Independents1 yea, 0 nay

Broke with their party: Matt Gaetz (R-FL) voted Nay; Henry Cuellar (D-TX) voted Yea

See how all 431 members voted

Showing 433 of 433 members

Yea 220

Republicans (218)

Democrats (1) broke with their party

Independents (1)

Nay 211

Republicans (1) broke with their party

Democrats (210)

Not voting 2

Republicans (1)

Democrats (1)

Senate

Not yet voted

Passed the House Jun 15, 2023. Awaiting Senate action.

Roll calls

2 votes on this bill

Showing 2 of 2 roll calls

  • Jun 15, 2023HouseOn PassageFinal passagePassed, yea-nay 220–211
    Roll call 271 tally by party
    PartyYeaNayPresentNot voting
    Democrats121001
    Republicans218101
    Independents1000
    Total22021102

    House roll call 271: On Passage. Passed.

    2 crossed party lines: 1 Democrat, 1 Republican

    How each member voted (433)
  • Jun 15, 2023HouseMotion to recommitFailed, yea-nay 210–220
    Roll call 270 tally by party
    PartyYeaNayPresentNot voting
    Democrats210002
    Republicans021901
    Independents0100
    Total21022003

    House roll call 270: On Motion to Recommit. Failed.

    How each member voted (433)

Amendments

1 offered

Showing 1 of 1 amendments

  • H.Amdt. 206Harriet Hageman R-WYAgreedJun 15, 2023Jun 15, 2023: On agreeing to the Hageman amendment (A002) Agreed to by voice vote.

Cosponsors

13

Who scored on this bill

136 points earned
  1. 1Scott Fitzgerald R-WI SponsorIntroduced, reported, passed House3 events+50
  2. 2Harriet Hageman R-WY1 amendment offered, 1 agreed; cosponsored; cosponsored bill passed4 events+26
  3. 3Henry Cuellar D-TX1 maverick vote1 event+6
  4. 3Matt Gaetz R-FL1 maverick vote1 event+6
  5. 5Dan Bishop R-NCCosponsored; cosponsored bill passed2 events+4
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Scott Fitzgerald

History

  1. Jun 15, 2023Passed the House, 220–211.
  2. Jan 11, 2023Introduced in the House by Scott Fitzgerald.
Show the full action history (22 actions)
  1. Jun 20, 2023Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  2. Jun 15, 2023Considered under the provisions of rule H. Res. 495. (consideration: CR H2938-2944; text: CR H2938-2939)
  3. Jun 15, 2023Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
  4. Jun 15, 2023DEBATE - The House proceeded with one hour of debate on H.R. 288.
  5. Jun 15, 2023DEBATE - Pursuant to the provisions of H. Res. 495, the House proceeded with 10 minutes of debate on the Hageman amendment No. 1.
  6. Jun 15, 2023The previous question was ordered on the amendment and the bill pursuant to the rule.
  7. Jun 15, 2023Ms. Dean (PA) moved to recommit to the Committee on the Judiciary. (text: CR H2944)
  8. Jun 15, 2023The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  9. Jun 15, 2023POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 288, the Chair put the question on the motion to recommit and by voice vote, announced the noes had prevailed. Ms. Dean (PA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  10. Jun 15, 2023Considered as unfinished business. (consideration: CR H2944-2945)
  11. Jun 15, 2023On motion to recommit Failed by the Yeas and Nays: 210 - 220 (Roll no. 270).
  12. Jun 15, 2023Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
  13. Jun 15, 2023On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
  14. Jun 15, 2023Motion to reconsider laid on the table Agreed to without objection.
  15. Jun 12, 2023Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
  16. Jun 5, 2023Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.
  17. Jun 1, 2023Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
  18. Jun 1, 2023Placed on the Union Calendar, Calendar No. 60.
  19. May 10, 2023Committee Consideration and Mark-up Session Held.
  20. May 10, 2023Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 5.
  21. Jan 11, 2023Introduced in House
  22. Jan 11, 2023Referred to the House Committee on the Judiciary.