Page 1 of 1

Patrick C. Kennedy

From: <noreply@bayh.senate.gov>
To: <pat@leeagency.com>
Sent: Tuesday, September 15, 2009 5:23 PM
Subject: From the Office of Senator Evan Bayh

Dear Mr. Kennedy:

Thank you for contacting me to express your opposition to the nomination of Cass Sunstein
to be Director of the Office of Information and Regulatory Affairs in the Office of Management and
Budget. I appreciate you taking the time to share your thoughts and views with me.
Article II, Section 2 of the Constitution gives the President the power to appoint "Officers of the
United States" subject to the "Advice and Consent of the Senate." Under this framework, the Senate is
given the authority to review the qualifications for office of the President's nominees. I take my duty to
give "advice and consent" on Presidential appointments very seriously, and will continue to carefully
review the President's nominees.
Some of Mr. Sunstein's critics expressed concern about his views on hunting. It may please you
to know that throughout my public life, I have opposed legislation that fails to appropriately balance the
need to maintain a safe society with the ability of law-abiding Americans to own and use firearms
responsibly. I have always supported the Second Amendment and have opposed efforts to impose
burdensome regulations on gun-owners. For example, earlier this year I voted to support the concealed
carry amendment to the Department of Defense Authorization Act. This amendment would have
allowed eligible, licensed gun owners to carry concealed firearms across state lines. I also supported an
amendment to the Credit Card Accountability Responsibility and Disclosure Act of 2009 which would
allow loaded weapons into National Parks and National Wildlife Refuges, overturning a previous ban on
the practice.

Cass Sunstein testified before the Homeland Security and Government Affairs Committee on
May 20, 2009. After debate on the floor of the Senate, he was confirmed by a vote of 57 to 40. Even
though Mr. Sunstein has already been confirmed, please rest assured that I will keep in mind your views
when considering future nominations.
Again, thank you for contacting me. I hope that the information I have provided is helpful. My
website, http://bayh.senate.gov, can provide additional details about my work in the Senate, including
legislation and state projects. You can also sign up for occasional email updates. I value your input and
hope you will continue to keep me informed of the issues which are important to you.

Office of Senator Evan Bayh

(202) 224-5623
Russell 131
Washington, D.C. 20510

9/16/2009