Regulatory Reform

ALEC Policy Champions: Idaho Rep. Vito Barbieri and House Speaker Mike Moyle Protect Idahoans from Agency Overreach

We are proud to recognize Idaho Representative Vito Barbieri and Idaho Speaker of the House Mike Moyle, the driving forces behind Idaho’s new anti-judicial deference law, as our latest ALEC Policy Champions. Representative Barbieri, a retired attorney, says his legislation was a necessary component to combat the overreaching actions of Idaho executive agencies, and is a “great success.”

“At least in Idaho, it appears the legislature is really a junior branch and the only authority [we have] over the executive branch… relates to the budget and rules.” said Barbieri.  He continued, “I’d like to give a special thank you to Idaho House Speaker Mike Moyle for recognizing the importance of [our] legislative authority and assisting in the effort.”

On March 28th, Idaho Governor Brad Little signed House Bill 626, Idaho’s latest bipartisan effort in ensuring the judicial system functions as an equal branch of government. The new law prevents Idaho courts from deferring to executive agency interpretations of the law in cases before them, and requires that they interpret the law at issue on their own, or de novo.

This new law was signed a few months before a major Supreme Court decision on the matter of judicial deference—the overturning of Chevron deference—where the Court announced just last week that courts are no longer permitted to defer to agency interpretations of the law. Idaho, alongside 14 other states, have already taken this change in the law into their own hands. The reform is currently effective, as of July 1.

The new law resembles in great part one of ALEC’s more recent Civil Justice Task Force Model Policies—the Judicial Deference Reform Act. With courts often forced to adjudicate in accordance with bureaucratically created rules and regulations, Idaho has significantly enabled their court systems to provide Idahoans harmed by agency rules a much fairer day in court.

Congratulations to Representative Barbieri, Speaker Moyle, and the State of Idaho for defending the integrity of the judicial system and protecting Idahoans.

In Depth: Regulatory Reform

In his first inaugural address, Thomas Jefferson said that “the sum of good government” was one “which shall restrain men from injuring one another” and “shall leave them otherwise free to regulate their own pursuits of industry.” Sadly, governments – both federal and state – have ignored this axiom and…

+ Regulatory Reform In Depth