SCOTUS Turns Down Challenge to Trump’s Border Wall
Dec 3, 2018 23:00:21 #
SUPREME COURT TURNS DOWN CHALLENGE TO THE BORDER WALL
Kevin Daley | Supreme Court Reporter
The U.S. Supreme Court declined to take up a challenge to President Donald Trump’s border wall Monday, which asserted that the administration violated the Constitution when it exempted border barrier projects from environmental regulations.
The plaintiffs warn of adverse effects to local ecosystems should the administration raise a wall along the border with Mexico.
“It’s disappointing that the Supreme Court won’t consider this important constitutional issue,” Brian Segee, a senior attorney at the Center for Biological Diversity (CBD), told The Daily Caller News Foundation by email. “Trump has abused his power to wreak havoc along the border to score political points. He’s illegally sweeping aside bedrock environmental and public health laws. We’ll continue to fight Trump’s dangerous wall in the courts and in Congress.”
A 1996 law authorized the attorney general (and later the Homeland Security secretary) to build border barriers to deter i*****l i*********n. In that connection, the law gave the Department of Homeland Security secretary power to exempt certain border projects from environmental laws like the Endangered Species Act, as well as other legal rules, to ensure quick construction.
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The law also restricts the jurisdiction of courts to hear legal challenges to the secretary’s waivers, and provides that such lawsuits must be lodged on an accelerated timetable.
A coalition of green advocacy groups sued after the Trump administration issued two waivers under the ’96 law for border wall projects in southern California. The plaintiffs argued the waiver and jurisdictional provisions violate the constitutional separation of powers. (RELATED: George H.W. Bush’s Far-Reaching Supreme Court Legacy)
“[The ’96 law] effectively allows an unelected cabinet secretary to repeal existing laws, and then shields the repeals from judicial review,” the CBD’s petition to the high court reads. The petition urged the justices to curtail the “extraordinary conferral of waiver authority that fundamentally distorts the allocation of power in our tripartite system of government.”
Immigration rights proponents demonstrate outside the U.S. Supreme Court in Washington. REUTERS/Leah Millis
Immigration rights proponents demonstrate outside the U.S. Supreme Court in Washington. REUTERS/Leah Millis
U.S. District Court Judge Gonzalo Curiel sided with the federal government at an earlier stage of the case, prompting the appeal to the Supreme Court.
The president has clashed with Curiel in the past, as Curiel presided over a civil suit against Trump University, a real estate training program that has since closed.
2020 aspirant Robert “Beto” O’Rourke is among the signatories to an amicus (or “friend of the court”) brief from Democratic lawmakers urging the justices to hear the case.
Trump has made funding for the border wall a priority during the lame duck Congress, threatening to shut down the government if the project is not funded in full by year’s end.
“We need border security in this country, and if that means a shutdown I would totally be willing to shut it down,” Trump said on Nov. 28. “And I think it’s a really bad issue for the Democrats.”
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Send tips to kevin@dailycallernewsfoundation.org
Kevin Daley | Supreme Court Reporter
The U.S. Supreme Court declined to take up a challenge to President Donald Trump’s border wall Monday, which asserted that the administration violated the Constitution when it exempted border barrier projects from environmental regulations.
The plaintiffs warn of adverse effects to local ecosystems should the administration raise a wall along the border with Mexico.
“It’s disappointing that the Supreme Court won’t consider this important constitutional issue,” Brian Segee, a senior attorney at the Center for Biological Diversity (CBD), told The Daily Caller News Foundation by email. “Trump has abused his power to wreak havoc along the border to score political points. He’s illegally sweeping aside bedrock environmental and public health laws. We’ll continue to fight Trump’s dangerous wall in the courts and in Congress.”
A 1996 law authorized the attorney general (and later the Homeland Security secretary) to build border barriers to deter i*****l i*********n. In that connection, the law gave the Department of Homeland Security secretary power to exempt certain border projects from environmental laws like the Endangered Species Act, as well as other legal rules, to ensure quick construction.
Advertisement
HOW MANY CHRISTMAS ORNAMENTS WILL A .22LR GO THROUGH?
THE RESULTS MIGHT SURPRISE YOU
By Henry Repeating Arms
The law also restricts the jurisdiction of courts to hear legal challenges to the secretary’s waivers, and provides that such lawsuits must be lodged on an accelerated timetable.
A coalition of green advocacy groups sued after the Trump administration issued two waivers under the ’96 law for border wall projects in southern California. The plaintiffs argued the waiver and jurisdictional provisions violate the constitutional separation of powers. (RELATED: George H.W. Bush’s Far-Reaching Supreme Court Legacy)
“[The ’96 law] effectively allows an unelected cabinet secretary to repeal existing laws, and then shields the repeals from judicial review,” the CBD’s petition to the high court reads. The petition urged the justices to curtail the “extraordinary conferral of waiver authority that fundamentally distorts the allocation of power in our tripartite system of government.”
Immigration rights proponents demonstrate outside the U.S. Supreme Court in Washington. REUTERS/Leah Millis
Immigration rights proponents demonstrate outside the U.S. Supreme Court in Washington. REUTERS/Leah Millis
U.S. District Court Judge Gonzalo Curiel sided with the federal government at an earlier stage of the case, prompting the appeal to the Supreme Court.
The president has clashed with Curiel in the past, as Curiel presided over a civil suit against Trump University, a real estate training program that has since closed.
2020 aspirant Robert “Beto” O’Rourke is among the signatories to an amicus (or “friend of the court”) brief from Democratic lawmakers urging the justices to hear the case.
Trump has made funding for the border wall a priority during the lame duck Congress, threatening to shut down the government if the project is not funded in full by year’s end.
“We need border security in this country, and if that means a shutdown I would totally be willing to shut it down,” Trump said on Nov. 28. “And I think it’s a really bad issue for the Democrats.”
Follow Kevin on Twitter
Send tips to kevin@dailycallernewsfoundation.org
Dec 3, 2018 23:30:59 #
Sicilianthing wrote:
SUPREME COURT TURNS DOWN CHALLENGE TO THE BORDER W... (show quote)
Good for our Supreme Court. Who gives a crap about those dang jumping spiders they have down there. The little s**ts can jump a heck of a long ways to get cha. lol
Dec 3, 2018 23:50:33 #
Dec 3, 2018 23:52:56 #
kankune wrote:
Good for our Supreme Court. Who gives a crap about those dang jumping spiders they have down there. The little s**ts can jump a heck of a long ways to get cha. lol
>>>
That’s right
Dec 3, 2018 23:53:35 #
proud republican wrote:
>>>
Now the scumbags in Congress have no excuses...
But they’re going to try and sell you guys out again to the highest bidders...
What will you do then ?
Dec 4, 2018 19:03:20 #
Somehow nature always seems to adapt to the most adverse situations. I'm sure similar conditions exist on both sides of the border security.
Dec 4, 2018 23:14:03 #
fidelis wrote:
Somehow nature always seems to adapt to the most adverse situations. I'm sure similar conditions exist on both sides of the border security.
>>>
I hope man cause this is just plain nuts...
These camps need to be emptied and all these scumbags sent back to their S**tHoles.
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