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Essay
Taking Rulemaking Procedures Seriously in Bending the Rules
Rachel Augustine Potter
Rachel Augustine Potter (rapotter@virginia.edu @raugpott) is an Assistant Professor in the Department of Politics at the University of Virginia. Her research focuses on American political institutions, bureaucratic politics, and regulation.

Notice-and-comment rulemaking is often thought of as a fixed process: if agency X follows the process then it creates binding regulation Y.