The Centers for Disease Control and Prevention ( CDC ) and the Department of Health and Human Services ( HHS) responded to SAF’s request for a preliminary injunction in our lawsuit on September 23. The CDC and HHS are opposed to SAF’s request to rescind a CDC rule restricting the importation of dogs into the United States. The CDC continues to defend its rulemaking in response to the legally incorrect understanding that the Public Health Service Act grants it the power to control and manage dog importations as codified in the last rule.
” The CDC continues to play make-believe, pretending that the law, both as written and interpreted by the courts, offers them the power to unilaterally control and regulate the importation of canines”, said Dr. Todd Adkins, Senior Vice President at the Sportsmen’s Alliance. ” The rule was n’t lawful when it became effective, and it’s still not lawful now. No amount of self-deception may shift that”.
The CDC law also includes fresh legal requirements and microchips for dogs who want to bring them into the country. It also states that no dog under the age of six months may enter the country at all. SAF filed its initial issue on August 7 and its motion for preliminary injunction on August 20. The primary injunction, if granted, would allow members of the Sportsmen’s Alliance to import goods into the United States or join the country with puppies under the age of six months. If awarded, the order would also void the condition that pups crossing the border remain microchipped.
Some Sportsmen’s Alliance members have approaching worldwide hunting trips, canine trials, dog sales and purchases, and animal appointments. The law hampers these pursuits, transactions, and essential health checks, all in the name of protecting the U. S. from the exceedingly improbable restoration of canine rabies from countries the CDC recognizes as rabies-free.
Federal courts have previously taken legal action against the CDC for overreaching regulations, particularly those relating to the Coronavirus pandemic. Repeatedly, federal judges ruled against the agency for going beyond what the law provides. The CDC continues to assert that it has such broad authority, though.
” 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. In our original claim and request for preliminary injunction, the CDC “overreached their authority here,” as we argued. We continue to think a preliminary injunction is appropriate to safeguard our members ‘ interests, and we anticipate hearing as much as possible soon in court.
