Do my comments really matter?
Demystifying the Public Comment Process
By Mara Youdelman & Dania Douglas
Admin’s Note: Originally published here: Why-Comments-Matter-Final-2025.pdf Please be aware that this information is somewhat outdated as a result of the Supreme Court’s decisions in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. Making your voice and your reasoning heard on the record is integral to a democratic society. Doing so is the first step in effecting change.
You’ve probably heard about submitting your opinion on a federal regulation or policy. Why should you take the time to do this? Do your comments really matter? Let’s explore how the public comment process works and why your comments really can make a difference.
Why am I being asked to send comments?
Each time a federal agency wants to adopt or change regulations, it generally must ask the public for input. It’s actually required by a federal law called the Administrative Procedures Act (APA). Typically, a federal agency writes proposed regulations and then asks for public comments. The agency has to consider whether it should make any changes to its proposal based on the comments before finalizing the regulation. Whether an agency is proposing new regulations or changing older ones, it should give the public a change to weigh in. And sometimes, it is important to provide comments even if an official public comment process doesn’t occur to make sure you register your concerns.
What are federal regulations?
Regulations are the way an agency publicly explains how it will interpret and implement a federal law.1 Often, a new law doesn’t provide the details about how a program should work but authorizes a federal agency to fill in details. For example, Congress might say “Every car should have seat belts.” The agency would have to determine the deadlines for when car manufacturers have to include seat belts, how many seat belts, whether lap belts or shoulder belts are required, whether seat belts are needed in the back seat, etc. Regulations provide these kinds of details. An agency may also issue “guidance” that can provide information before regulations are issued or after regulations are finalized if additional questions arise.
Sometimes an agency may want to change its interpretation of an existing law. In this case, the agency has to adequately explain why it is changing course. For example, maybe there is new evidence or data that impacts the way the law is implemented. In general, an agency can’t just decide to change a regulation because it doesn’t like the regulation or the underlying law, it has to have some rational justification. And it can’t write a regulation that contradicts the underlying law.
Do my comments really matter?
Yes! The Administration has to consider all the comments submitted during a public comment period. It’s the law! The agency really has to review all the comments. While it does not have to explain why it did (or did not) make changes suggested by the comments, it does need to address significant issues that commenters raise. The agency will also need to explain the types of comments it received and whether it made any changes to its proposed rule based on those comments. An agency can’t just ignore comments because it doesn’t like them.
What happens if the Administration finalizes an unpopular proposal?
Sometimes an agency may finalize a regulation even if commenters oppose the changes. This may result in court challenges. The agency then has to justify the changes it made to the rules even though it receives comments and data opposing the changes. All the comments submitted become part of the “administrative record” and are reviewed by the court to determine if the agency can make the changes it wants. If the court finds the agency wasn’t
justified, the court can prevent the agency from implementing the regulations. So your comments are important to support possible legal challenges.
When have comments made a difference?
As one example, during the first Trump Administration, the National Health Law Program challenged decisions by HHS to allow states to impose work requirements (and other harmful policies) in Medicaid (before Congress recently added work requirements to the Medicaid Act).
The public comments overwhelmingly opposed the proposals. Some commenters explained why the changes would harm them personally because the changes may cause them to lose Medicaid. Other commenters discussed studies and data that work requirements don’t work.
When we challenged HHS’s decision in court, the judge specifically noted the opposition to the proposals in the public comments and decided that HHS did not consider the impact on people who would lose health coverage. The result is that the judge stopped work requirements in these states. The comments really did make a difference!
Does it take a lot of time to write comments?
No! Your comments can be as short as a paragraph or as long as you have time to write. If you need help writing comments, some organizations provide examples with bullet points or suggested language to submit. They may offer to collect comments and submit them to the agency through their website or email to make it easier for you to comment. Other organizations may offer “template” or draft comments that you can adapt.
What should my comments say?
You can discuss the personal experiences of you, your family and friends, or your work experience. Your comments can – but don’t have to – include data from your organization, community, or state. You don’t have to know all the details about a proposed regulation, all you really have to do is know how it will impact you or those you care about. You can also comment on just a part of a proposal.
Your opinion matters and your comments do make a difference!
1A federal agency can also issue “subregulatory” guidance but guidance generally is not subject to a public comment process. Guidance can be a letter, answers to frequently asked questions, or other forms.