by Safari Club International, SCI Bowhunters West Michigan Chapter, and Sportsmen’s Alliance filed suit of September 14th against Sec. Miguel Cardona and the US Department of Education. The suit was brought over the Department of Education’s interpretation of the Bipartisan Safer Communities Act (sic) and how it denied funding of hunter education and archery programs. The groups had warned of their intent to sue in a Notice filed with the department a month ago. Earlier this month, a number of senators, both Democrats and Republicans including some that were sponsors of the BSCA, say that the department is misinterpreting the law.
The lawsuit is asking for declaratory and injunctive relief. The plaintiffs allege that the Department of Education has misinterpreted the Bipartisan Safer Communities Act (sic) and Congressional intent. The “Defunding Policy” violates the Administrative Procedures Act because the interpretation is “arbitrary and capricious”. Further, it violates the APA because the Department of Education failed to provide notice and a comment period in violation of the APA. SCI and the other plaintiffs are asking the court to declare the department’s actions a violation of the APA, to restore ESEA funding to hunter education and archery programs, and to enjoin the enforcement of the Defunding Policy.
As of now, this is still an ongoing lawsuit but Congressional action yesterday may have mooted this lawsuit. The House passed HR 5110, Protecting Hunting Heritage and Education Act, on a 424-1 roll call vote on TuesdayThe lone dissenter was Rep. Veronica Escobar (D-TX). Yesterday, it passed the Senate on unanimous consent voice vote. It has now been sent to President Biden for his signature. Given the vote totals, I doubt even he would veto the bill.
The text of the bill is very simple. Section 2 of the bill states it is the clarification on the use of Federal education funds for certain weapons and related training.
Section 8526(7) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906(7)) is amended by inserting “, except that this paragraph shall not apply to the use of funds under this Act for activities carried out under programs authorized by this Act that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts” before the period at the end.
SCI CEO W. Laird Hamberlin said of the passage, “In an era of partisanship and divided government, the Protecting Hunting Heritage and Education Act is a rare but welcome example of government operating as it should: to serve people, not remote bureaucrats in Washington.”
Todd Adkins, VP for Government Affairs, of co-plaintiff Sportsmens’ Alliance added, ““We’re happy to see Congress come together and wholly reject the Biden administration’s misinterpretation of the Bipartisan Safer Communities Act. It’s something that never should have happened, which is why we took the step of filing a lawsuit to protect our outdoor heritage should congress have failed to act.”
Finally, Jeff Crane, president and CEO of the Congressional Sportsmens’ Foundation, added after thanking Rep. Mark Green (R-TN) and Rep. Richard Hudson (R-NC) for their sponsorship of HR 5110, “It is encouraging to see Congress move quickly to restore ESEA funding for these programs, a clear sign that hunting, fishing, and other sporting traditions remain a non-partisan issue.”
I hate to disagree with Mr. Crane but I think there are a number of leftists in Congress who do not see hunting and even fishing as a non-partisan issue. There is too much money being funneled their way from groups like the Humane Society of the US for it to remain a non-partisan issue.