Alabama restores fairness in courtrooms, ends agency deference

Montgomery, Alabama; April 1, 2026: Alabama took a major step to ensure balance in the justice system today when Gov. Kay Ivey signed Senate Bill 167 into law, requiring courts to independently interpret laws and regulations without deferring to state government agencies. The bill was sponsored by Sen. Arthur Orr and Rep. Bryan Brinyark.

For decades, Alabama courts have deferred to agencies’ interpretations of the rules they enforce, placing ordinary citizens and businesses at a disadvantage. SB 167 ends that practice by directing judges to review legal questions without bias and to resolve genuine ambiguity in favor of a reasonable interpretation.

“This law protects a core principle of American justice: Courts—not bureaucrats—must say what the law is,” said Kileen Lindgren, senior State Policy manager with Pacific Legal Foundation. “Every Alabamian, and every American for that matter, deserves an independent judge who will weigh the facts and the law without putting a thumb on the scale for the government.”

The new law reinforces the idea that courts should serve as neutral arbiters, ensuring that individuals and small businesses receive fair treatment when challenging government actions. It takes effect October 1, 2026.

Pacific Legal Foundation applauds Alabama lawmakers for advancing this important reform and is working on similar efforts across the country to restore judicial independence.

PLF was proud to partner with Americans for Prosperity – Alabama and Alabama Policy Institute to promote this reform, which was also supported by our friends at Alabama Forestry Association and National Federation of Independent Businesses.