The Senate confirmed Harvard Law Professor Cass R. Sunstein on Sept. 10 to head the Office of Information and Regulatory Affairs. As the Obama administration’s regulatory “czar,” Sunstein will be responsible for investigating the costs and benefits of the government’s regulatory policies, on issues ranging from financial services to environmental policy.

The 57-40 Senate vote fell predictably along partisan lines, with all but five Democrats who were present for the vote and only four Republicans voting in favor of his nomination. Conservatives aired concerns about Sunstein’s public statements as an academic, particularly his comments in favor of granting some legal rights to animals. But the nomination also drew concerns from liberals who criticized Sunstein’s advocacy of a “cost-benefit” approach to environmental legislation. Sens. Mark Begich (D-Alaska), Blanche Lincoln (D-Ark.), Mark Pryor (D-Ark.) and Jim Webb (D-Va.)—all from conservative or swing states—voted against the nomination, and Sen. Bernie Sanders (I-Vt.) who caucuses with the Democrats, also voted against the nomination.

Sunstein has written and spoken extensively regarding his anti-hunting and anti-Second Amendment positions. He's also advocated in favor of legal standing in a court of law for animals. He has written that the history of the Second Amendment does not support the concept that it covers individual gun ownership rights, but rather that it was intended to cover state militia's or today's national guards, despite the recent Supreme Court decision reaffirming an individual's right to own firearms. 

Sunstein has also written that if the sole purpose of hunting were recreation, perhaps it should be banned. Many American hunters pursue game species such as pheasant, ducks and rabbits not for any population control, but to provide recreation for those who prefer to hunt and eat game. 

He has advocated that state animal cruelty laws should be applied to hunting and livestock, and further that organizations should be able to sue on behalf of animals in court. 

"All of Mr. Sunstein's views are far outside the mainstream of American opinion," said Bud Pidgeon, U.S. Sportsman’s Alliance president and CEO. "If he was able to implement them, severe damage would be done to the sporting goods industry in general, cost hundreds of thousands of jobs, dry up funding for wildlife conservation and hurt the economies of rural towns all over the country."

Fifteen of the nation’s leading conservation and sportsmen organizations sent a letter Aug. 25 to all U.S. Senators requesting they oppose Sunstein’s nomination. In the letter, the organizations express deep reservations about Sunstein’s views on animal rights and hunting by stating such views “raise serious concerns about the agenda Mr. Sunstein will carry with him into this position if he is confirmed by the U.S. Senate.”

The groups signing the letter include: Conservation Force, Dallas Safari Club, Fur Takers of America, Houston Safari Club, Masters of Foxhounds Association of North America, Mule Deer Foundation, National Shooting Sports Foundation, National Trappers’ Association, National Wild Turkey Federation, Pope and Young Club, Shikar Safari Club, Texas Wildlife Association, U.S. Sportsmen’s Alliance, Whitetails Unlimited, Inc. and the Wild Sheep Foundation.—courtesy Harvard Crimson and U.S. Sportsmen’s Alliance