Feds Can't Ignore Rulemaking Comments, Supreme Court Hears

Law360, New York (October 22, 2012, 2:05 PM EDT) -- Two doctors have urged the U.S. Supreme Court to overturn a D.C. Circuit ruling they say endorsed a radical expansion of presidential power by letting the National Institutes of Health disregard opposition to federal funding of embryonic stem cell research.

In their Oct. 10 petition, researchers James L. Sherley and Theresa Deisher say federal agencies could effectively be exempted from requirements that they respond to public comments when drafting new rules if the appeals court’s August decision is allowed to stand.

President Barack Obama issued an...
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