Posted: 11/13/2008
NCPA: Navy Sonar Case Shouldn't Have Even Reached Supreme Court
Burnett Says California Federal Judges and a Minority of the U.S. Supreme Court Are Off-Base in Their Priorities
Although the U.S. Supreme Court Wednesday lifted restrictions on the Navy's use of sonar in training exercises, there remains a huge vacuum of common sense over where the country's priorities should be, according to National Center for Policy Analysis Senior Fellow Sterling Burnett.
By a vote of 5-4, the court said the Navy needs to conduct realistic training exercises to respond to potential threats by enemy submarines. Environmentalists contended that sonar could harm whales.
"In the choice between America's security and the goals of environmental radicals, by a narrow margin, the court chose to protect America," Burnett said. "It's sad and alarming that the vote was so close."
Noting that environmental groups had persuaded lower courts to impose the sonar restrictions, Burnett said that at any other time in the country's history there wouldn't even be a question about whether the military training should supersede risks to animals.
"The steady PR blitz by environmental and animal rights radicals has eroded the status of humans in relation to animals," Burnett said. "It's appalling that the safety of sailors and U.S. citizens had been deemed by federal courts in California, and a rump group of Justices on the U.S. Supreme Court, as less important than the safety of whales. It's appalling."
According to court testimony, there has been little evidence of harm to marine life in more than 40 years of naval exercises off the California coast.
"The U.S. Constitution does not mention protecting whales or any other animals as being a proper function of the federal government," Burnett said. "Thankfully, the majority of the U.S. Supreme Court followed the Constitution. Let's hope that future federal judges take note and do the same."
The National Center for Policy Analysis is a nonprofit, nonpartisan organization whose goal is to solve public policy problems by developing and promoting innovative, market-driven solutions.

