Almost exactly two years ago in June 2024, the Supreme Court did what many administrative law experts thought might never happen and overturned the Chevron-deference doctrine in Loper Bright Enterprises v. Raimondo. For four decades, the Chevron-deference doctrine instructed federal judges to defer to agency interpretations of the very statutes that granted them the authority to write laws, so long as the interpretation was “reasonable” and Congress had not “directly spoken to the precise question at issue.” In doing so, Chevron upended the careful balance of power established in the U.S. Constitution between the three distinct, but coequal branches of federal government, empowering unelected bureaucrats to interpret and even rewrite the laws that govern us, while escaping any serious judicial oversight.
Although the Chevron decision did not automatically apply to state courts, in the decades following the 1984 decision, many states voluntarily embraced the Chevron doctrine—or similar forms of substantial judicial deference—reasoning that state agencies possessed superior subject-matter expertise. Over half of U.S. states adopted varying levels of this deference. Following the Loper Bright decision, states have similarly followed the Supreme Court’s lead and started voluntarily ending judicial deference.
In 2025, Americans for Prosperity helped four state legislatures pass bills ending judicial deference: Missouri, Oklahoma, Kentucky, and Texas. This year, AFP continued building on this successful effort, with four more states ending judicial deference and a two other states coming oh-so close.
States That Ended Judicial Deference in 2026
Kansas:
In February, Kansas Governor Laura Kelly signed H.B. 2183, establishing that state courts and administrative hearing officers are prohibited from deferring to a state agency’s interpretation when interpreting state statutes, rules, regulations, or documents with the force of law. Instead, courts and hearing officers must interpret these legal texts de novo, meaning they must make their own independent judgment without giving weight to the agency’s view.
Alabama:
In March, Alabama Governor Kay Ivey signed SB167, which ends judicial deference at the state level, into law. The legislation specifically mirrors the 2024 Loper Bright decision, which ended judicial deference at the federal level and paved the way for states like Alabama to work towards ending judicial deference in the states.
Georgia:
In May, Georgia Gov. Brian Kemp signed legislation stopping the legal scales of justice from continuing to be tipped against average Georgians when they challenge state agencies in court. House Bill 1247, the Georgia Bureaucratic Deference Elimination Act, championed by state Rep. Matt Reeves and state Sen. Bo Hatchett, prohibits courts and administrative officers from deferring to state agency interpretations of laws and regulations, ensuring that judicial and administrative decisions are made independently of agency determinations.
South Carolina:
In June, the South Carolina legislature passed H. 3021, also known as the Small Business Regulatory Freedom Act, which—you guessed it—ends judicial deference in the state. In addition to ending judicial deference to regulatory agencies, the bill also included a “REINS” Act provision—requiring that all regulations with an economic impact of $1M or more over five years must receive approval from the General Assembly—and requiring independent review of regulations through the Legislative Audit Council.
Honorable Mentions
West Virginia:
West Virginia introduced SB 888, the Judicial Deference Reform Act, but was unable to get it to the Governors desk. Sponsored by Senator Chris Rose, the bill would have explicitly prohibited courts and administrative officers from deferring to state agency interpretations in legal disputes, instead requiring them to conduct independent (de novo) reviews using standard interpretive tools such as textual analysis, legislative intent, and precedent.
South Dakota:
Senate Bill 134, sponsored by Senator Sue Peterson and championed in the House by Representative Novstrup, sought to limit judicial deference to agency interpretations of statutes, rules, or policies. On March 4, 2026, the Senate Judiciary committee voted to defer the bill to the 41st legislative day, effectively tabling it for the remainder of the session and preventing it from becoming law
Graham Owens is a Regulatory Policy Fellow at Americans for Prosperity.
