Federal agency doubles-down on claim in response to Sportsmen’s Alliance Request for Preliminary Injunction

Yesterday, Sept. 23, the Sportsmen’s Alliance Foundation received a response from the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) opposing SAF’s motion for preliminary injunction in our lawsuit to rescind a CDC rule restricting the importation of dogs into the United States. In their response, the CDC continues to defend its rulemaking under the legally unsound interpretation that the Public Health Service Act grants it the authority to limit and regulate dog importations as codified in the final rule.

“The CDC continues to play make-believe, pretending that the law, both as written and interpreted by the courts, grants them the authority to arbitrarily limit and regulate the importation of dogs,” said Dr. Todd Adkins, Senior Vice President at the Sportsmen’s Alliance. “The rule wasn’t lawful when it became effective, and it’s still not lawful now. No sum of self-deception can change that.”

The CDC rule includes new paperwork requirements and microchips for those who want to enter the United States with a dog and goes on to prohibit any dog under the age of six months from entering the U.S. at all. SAF filed its original complaint on Aug. 7 and its motion for preliminary injunction on Aug. 20. If granted, the preliminary injunction would allow Sportsmen’s Alliance members and others to import to the U.S. or reenter the country with puppies under six months of age. If awarded, the injunction would also void the requirement that dogs crossing the border be microchipped.

Many Sportsmen’s Alliance members have upcoming international hunting trips, dog trials, dog sales and purchases, and veterinary appointments. The rule cripples these pursuits, transactions, and necessary health checks, all in the name of protecting the U.S. from the extremely unlikely reintroduction of dog rabies from countries the CDC recognizes as rabies-free.

The CDC has already been taken to task by federal courts before on overreaching regulations, especially those pertaining to the Coronavirus pandemic. Repeatedly, federal judges ruled against the agency for going beyond what the law provides. Yet, the CDC continues to argue that it is entitled to such broad authority.

“Continually stating that you have statutory authorities does not make it so; statutory text and judicial interpretations grant authorities,” said Michael Jean, Litigation Counsel at the Sportsmen’s Alliance Foundation. “The CDC overreached their authority here, as we argued in our original claim and motion for preliminary injunction. We continue to believe that a preliminary injunction is justified to protect the interests of our members, and we look forward to arguing as much before the court soon.”

About the Sportsmen’s Alliance: The Sportsmen’s Alliance protects and defends America’s wildlife conservation programs and the pursuits – hunting, fishing and trapping – that generate the money to pay for them. Sportsmen’s Alliance Foundation is responsible for public education, legal defense and research. Its mission is accomplished through several distinct programs coordinated to provide the most complete defense capability possible. Stay connected to Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.