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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