Smithsonian opposes order to transfer space shuttle Discovery to Houston
The recent passed reconciliation bill included a provision ordering the Smithsonian Air and Space Museum to transfer the space shuttle Discovery back to NASA so that it could be shipped to Houston for display, budgeting $85 million for the task.
The Smithsonian however is now opposing that provision, claiming Congress and the President had no authority to do so as it owns Discovery and had not agreed to the transfer.
In a formal response, the Smithsonian Institution says it owns Discovery, which, like the rest of its collection, is held in trust for the American public. The Smithsonian asserts that NASA transferred “all rights, title, interest and ownership” of the shuttle to the Institution in 2012, and that it is “part of the National Air and Space Museum’s mission and core function as a research facility and the repository of the national air and space collection.”
It does appear the Smithsonian might have a case, based on past precedent and the laws that established the institution as an independent entity. At the same time, Congress provides two-thirds of its funding, which surely gives Congress a say in its actions. Moreover, recent court rulings have generally ruled against such independent institutions, ruling that the Constitution does not allow Congress to cede either its authority or the President’s in such cases.
So, even if the Smithsonian should win in court, its funding could be threatened if it defies Congress. It will be entertaining to watch this kerfuffle play out.
The recent passed reconciliation bill included a provision ordering the Smithsonian Air and Space Museum to transfer the space shuttle Discovery back to NASA so that it could be shipped to Houston for display, budgeting $85 million for the task.
The Smithsonian however is now opposing that provision, claiming Congress and the President had no authority to do so as it owns Discovery and had not agreed to the transfer.
In a formal response, the Smithsonian Institution says it owns Discovery, which, like the rest of its collection, is held in trust for the American public. The Smithsonian asserts that NASA transferred “all rights, title, interest and ownership” of the shuttle to the Institution in 2012, and that it is “part of the National Air and Space Museum’s mission and core function as a research facility and the repository of the national air and space collection.”
It does appear the Smithsonian might have a case, based on past precedent and the laws that established the institution as an independent entity. At the same time, Congress provides two-thirds of its funding, which surely gives Congress a say in its actions. Moreover, recent court rulings have generally ruled against such independent institutions, ruling that the Constitution does not allow Congress to cede either its authority or the President’s in such cases.
So, even if the Smithsonian should win in court, its funding could be threatened if it defies Congress. It will be entertaining to watch this kerfuffle play out.







