September 2013 · National edition

The Nation

The Week in Federal Agency Rulemaking

A The Nation desk reading of federal agency rulemaking, filed 2013-09.

From the file. Written for the paper dated September 2013. Opened in the public stacks July 14, 2026.

As the political landscape continues to shift, federal agency rulemaking remains a fertile ground for both sides of the aisle to exercise selective memory, showcasing a bipartisan tendency to overlook past actions for present-day gain.

A west view of the Alabama State Capitol, Montgomery, as seen from Dexter Avenue
A west view of the Alabama State Capitol, Montgomery, as seen from Dexter Avenue. Photo: DXR via Wikimedia Commons (CC BY-SA 4.0)

The Tug of War Over Regulation

In the midst of a polarized political environment, federal agency rulemaking has become a battleground where Democrats and Republicans alike engage in a delicate dance of accountability and evasion. While the two parties often stand in stark opposition on major issues, they share a curious habit of rewriting the narrative surrounding regulatory practices to suit their agendas.

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For instance, the Environmental Protection Agency (EPA) has been a focal point for both parties. Democrats tout the agency's efforts to combat climate change and protect public health, often glossing over the fact that many of the regulations currently under scrutiny were initiated during their own administrations. Conversely, Republicans decry what they label as overreach, conveniently forgetting that their own party has often championed similar initiatives when in power. This selective memory not only paints an incomplete picture but also fuels the ongoing cycle of regulatory rollback and re-establishment that has become a hallmark of American governance.

Barack Obama with artistic gymnastic McKayla Maroney 2
Barack Obama with artistic gymnastic McKayla Maroney 2. Photo: Pete Souza via Wikimedia Commons
"Both sides are quick to criticize the other, yet they often mirror each other's regulatory stances when it serves their interests."

The Politics of Inaction

As rulemaking progresses, the political maneuvering becomes even more pronounced. Recent debates around the Affordable Care Act (ACA) illustrate how both parties have swung the regulatory axe, lobbing accusations at one another while ignoring their own historical roles in shaping the legislative landscape. Democrats, eager to defend the ACA, often overlook the compromises made to gain bipartisan support, while Republicans seize on any regulatory misstep as a rallying cry, despite having endorsed similar provisions in the past.

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This practice of selective memory is not merely a rhetorical device; it has real implications for the effectiveness of governance. When both sides are unwilling to acknowledge their shared contributions to the regulatory framework, the result is a fragmented approach that leaves citizens frustrated and confused. The tug of war over agency authority often leads to paralysis rather than progress, as lawmakers prioritize political point-scoring over the urgent needs of the American public.

Agency Rulemaking Under Scrutiny

This week, several federal agencies have released proposed rules that may significantly affect various sectors, from healthcare to environmental protection. Yet, as these proposals are rolled out, the underlying question remains: how will they be received in a climate where both parties are keen on rewriting the narrative?

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X thread screenshot · frame 3/3 @CDCgov - open original. Thread screenshots sit in the story so the record can be read without leaving the page.

The Department of Health and Human Services is set to clarify guidelines surrounding the ACA, a move that has ignited fierce debate. Democrats frame these updates as necessary adjustments to a vital program, while Republicans argue that they reveal the law's inherent flaws. Both sides, however, conveniently neglect to mention that the ACA was the result of extensive negotiations that involved contributions from both parties, illustrating how history can be conveniently forgotten in the pursuit of political expediency.

Moreover, the recent push by the Occupational Safety and Health Administration (OSHA) to enhance workplace safety regulations has met with similar resistance. While Democrats hail these measures as essential for protecting workers, Republicans argue they stifle economic growth. This back-and-forth underscores a troubling trend: political gains are often prioritized over the well-being of constituents.

Finding Common Ground

As federal agencies continue to navigate the complex landscape of rulemaking, there is an urgent need for both parties to acknowledge their shared history and work collaboratively towards solutions. The habit of selective memory not only undermines public trust but also stifles the potential for meaningful change. Acknowledging past actions - both good and bad - could pave the way for a more cohesive approach to regulation that prioritizes the needs of the American people over partisan interests.

The cycle of criticism and blame must give way to a more constructive dialogue if we are to address the pressing issues facing our nation. It is time for both Democrats and Republicans to step back, reflect on their pasts, and seek common ground. Only then can we hope to move beyond the partisan gridlock that has come to define federal agency rulemaking.


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