Victory! Kentucky Ends Judicial Deference to Unelected Government Bureaucrats

In a major win for individual liberty and separation of powers, Kentucky legislators overrode Governor Andy Beshear’s veto of legislation that ends judicial deference to government agencies’ interpretations of laws and their own regulations. 

Championed by Senator Steve Rawlings and passed by a supermajority in the legislature, SB 84 ends judicial deference to administrative agency interpretations of constitutional provisions, statutes, and regulations, among other provisions seeking to promote separation of powers and fairness in the judicial system.  

The legislation was inspired in part by the Judicial Deference Reform Act, the Goldwater Institute’s joint model legislation with the Pacific Legal Foundation. 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 via legislation or litigation.

Kentucky Joins National Push to Curb Agency Power 

Across the nation, government agencies often expand their own power by applying generous interpretations of statues and their own regulations. These expansive interpretations are then upheld by overly deferential courts. This 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 84 levels the playing field for Kentuckians by ensuring that judges are not 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. As bill sponsor Senator Steve Rawlings said, “This bill ensures that the power to interpret laws remains where it belongs: with the courts and the legislature, not unelected agency officials.” 

The Goldwater Institute applauds Senator Steve Rawlings and the Kentucky General Assembly for securing a major win for liberty by enacting Sb 84. The Institute looks forward to its continued commitment to end judicial deference in states across the country.  

Brian Norman is the Director of State Affairs at the Goldwater Institute.