Posted by Jonathan Adler:
Sunstein on Hold:
http://volokh.com/archives/archive_2009_06_28-2009_07_04.shtml#1246388657
It appears confirmation of Cass Sunstein to head the Office of
Information and Regulatory Affairs at OMB will be held up because
Senator Saxby Chambliss (R-GA) is concerned about Sunstein's embrace
of certain animal rights arguments. [1]The Hill reports:
Chambliss worries that Sunstein�s innovative legal views may
someday lead to a farmer having to defend himself in court against
a lawsuit filed on behalf of his chickens or pigs.
Chambliss told The Hill that he has blocked Sunstein�s nomination
because the law professor �has said that animals ought to have the
right to sue folks.�
Indeed, in his 2004 book, Animal Rights: Current Debates and New
Directions, Sunstein wrote: �I will suggest that animals should be
permitted to bring suit, with human beings as their
representatives, to prevent violations of current law.�
More specifically, he wrote: �Laws designed to protect animals
against cruelty and abuse should be amended or interpreted to give
a private cause of action against those who violate them, so as to
allow private people to supplement the efforts of public
prosecutors.�
Chambliss said he is also concerned about Sunstein�s potential
impact on �a number of other issues relative to agriculture.�
The story also suggests that Chambliss could lift the hold once he has
had the opportunity to speak with Sunstein directly some time after
the July 4 recess. Sunstein's nomination has already cleared
committee, and I would be surprised if there were a serious effort to
prevent his confirmation.
References
1.
http://thehill.com/leading-the-news/chambliss-blocks-regulatory-nominee-over-animal-lawsuits-2009-06-28.html
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