Jordan Johnson: A Landmark Change—or a Legal Battle Waiting to Happen?
Jordan Johnson, Founding Partner of Bridge Oncology and serves on the Board of Directors for the National Association of Medication Access and Patient Advocacy, shared a post on LinkedIn:
“A Landmark Change—or a Legal Battle Waiting to Happen?
Health and Human Services Secretary Robert F. Kennedy Jr. just took a major step that will undoubtedly be met with fierce legal challenges. By rescinding the Richardson Waiver, a policy in place since 1971 that allowed for public comment on HHS rulemaking related to public property, loans, grants, benefits, and contracts, Kennedy has effectively ended decades of public participation in shaping key health policies.
The justification?
Kennedy’s office argues that the waiver was inconsistent with the Administrative Procedure Act (APA) and that eliminating it will increase efficiency. But in reality, this move strips away a critical layer of transparency and accountability—one that courts have historically upheld.
This decision also raises a fundamental legal question: Can an agency unilaterally revoke public input on such sweeping regulatory matters without violating due process and good governance principles?
Expect immediate litigation. Legal scholars, including Georgetown’s Lawrence Gostin, have already pointed out that past courts have enforced the Richardson Waiver, meaning there is precedent that could challenge Kennedy’s actions.
Beyond the courts, the political ramifications will be substantial. Public notice and comment are bedrock principles of regulatory policymaking. The idea that HHS could now bypass this process at will—especially under the ambiguous “good cause” exception—opens the door to unchecked rulemaking with significant consequences for healthcare, public health, and scientific research.
The policy is set to be published in the Federal Register on March 3, but the fight over its legitimacy is just beginning. This will be challenged—hard.”
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