ALEC Policy Champions Eliminate Judicial Deference in Missouri

ALEC is proud to recognize Missouri Sen. Nick Schroer, Rep. Ben Keathley, and Gov. Mike Kehoe for their support of SB 221 and making Missouri the fourth state this year to prohibit the practice of judicial deference. With this enactment, Missouri strengthened the interpretive authority of its judiciary while simultaneously limiting executive agency and bureaucratic power.

SB 221 aligns with the ALEC model Judicial Deference Reform Act – featured in Essential Policy Solutions for 2025 – by prohibiting Missouri courts from deferring to state agency interpretations of law and requiring courts to review legal issues de novo. The passage of this bill is a significant step in promoting fairness in the courts and ensuring agency bureaucrats cannot dictate what the law is and how it is applied.

Missouri’s deference effort is part of a recent wave of state legislatures moving to reform their deference laws. After the 2024 Loper Bright decision, where the U.S. Supreme Court prohibited judicial deference at the federal level, state legislatures across the country are seeking to codify the landmark ruling in their own jurisdictions. Doing so revokes immense power from unelected agency bureaucrats by returning the exclusive authority of legal interpretation to the judicial branch—a fundamental characteristic of American jurisprudence. Several states have prohibited the deference practice through legislation in recent years, and over 19 anti-deference bills have been moving through state legislatures this 2025 session.

Congratulations to Sen. Nick Schroer, Rep. Ben Keathley, and Gov. Mike Kehoe for their success in minimizing executive overreach and protecting our vital separation of powers framework.