In a major win for individual liberty, Georgia Gov. Brian Kemp has signed legislation ensuring that the legal scales will no longer be tipped against average Georgians when they challenge state agencies in court. House Bill 1247, championed by state Rep. Matt Reeves and state Sen. Bo Hatchett, 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.
HB 1247’s judicial deference provisions were modeled on the Judicial Deference Reform Act, the Goldwater Institute’s joint legislation with the Pacific Legal Foundation, which aims to rein in the sprawling administrative state by making it clear that in court the deck will not be stacked in the government’s favor.
Georgia’s new law comes on the heels of the United States Supreme Court in 2024 ending the controversial “Chevron deference” at the federal level, which required courts to defer to federal agencies’ interpretations of ambiguous laws. Chevron was intended to serve the goal of judicial restraint but had the pernicious impact of subverting the separation of powers by allowing unelected bureaucrats to effectively decide what the law meant, sometimes in a manner that ran contrary to legislative intent. However, the Supreme Court’s ruling did not apply to state judicial deference doctrines, which is why HB 1247 was necessary in Georgia.
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.
HB 1247 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.
Arizona was the first state to pass legislation ending judicial deference to administrative agencies in 2018, and numerous other states have followed Arizona’s lead.
Georgia’s legislation also includes several other reforms that strengthen the constitutional separation of powers.
Under HB 1247, lawmakers can now overturn an agency rule by a majority vote with the governor’s approval or with a two-thirds vote without the governor’s approval. Further, the legislation places new requirements on rulemaking intended to ease the economic burden felt by small businesses due to government overreach. Agencies are now required to consider and document the economic impact of proposed rules, particularly on small businesses, and to select less burdensome alternatives when feasible.
Additionally, beginning July 1, 2028, and every five years thereafter, most state agencies must submit comprehensive reports analyzing the impact, cost, and effectiveness of their rules. These reports are to be published online, and agency compliance may influence future budget recommendations, injecting much needed transparency and accountability into the rulemaking process.
The Goldwater Institute applauds the Georgia legislature for passing this important reform, and thanks Gov. Kemp for his signature. We also commend our partners at AFP – GA and Georgia Public Policy Foundation for their work in securing this win for liberty. The Institute will continue to work across the country to restore proper separation of powers and protect individual liberty.
Brian Norman is the Director of State Affairs at the Goldwater Institute, where he leads the Institute’s nationwide government affairs strategy.
