Hill February 28, 2025
Joseph Choi

Health and Human Services Secretary Robert F. Kennedy Jr. on Friday released a policy prohibiting public comments during his department’s rulemaking process, ending more than 50 years of the public’s involvement in crafting his department’s rules.

In the policy statement placed in the Federal Register, Kennedy’s office appeared to argue that rescinding the policy goes back to the original intent of the Administrative Procedure Act (APA).

Although the APA exempts the requirement for public comment on matters “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts,” there has been a waiver, referred to as the Richardson waiver, on this exemption since 1971, allowing for interested parties to take part in the rulemaking process.

“The...

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