Posted on 10/12/2007 11:06:28 PM PDT by republicpictures
A federal judge today upheld President Bush's firing of a border official who tried to force a retired Washington couple to tear down a retaining wall along the U.S.-Canada border.
Bush fired Dennis Schornack in July. Schornack challenged the termination, arguing the White House had no authority over the International Boundary Commission, a binational treaty organization that maintains the U.S.-Canada border.
"The general rule is that, under the Appointments Clause of the United States Constitution," wrote U.S. District Court Judge Marsha J. Pechman, "the president can remove any officer whom he appoints."
Brian T. Hodges, attorney for the Washington couple whose 4-foot retaining wall stands at the center of the dispute, said, "It's a victory in the sense that it brings us one day closer to resolving the issue so [his clients] can go on with their lives."
Shirley-Ann and Herbert Leu, of Blaine, still face a battle over the legality of their wall. That case will likely not be heard until early 2008, according to Hodges...
The Leus could not be reached, but Hodges, who belongs to the nonprofit Pacific Legal Foundation, said the future of their property remains in limbo.
The yard looks the way it did at the beginning of the year, he said, like an interrupted construction project, with big holes, piles of lumber and debris everywhere.
"Unfortunately for the Leus, justice doesn't move at NASCAR pace," Hodges said.
(Excerpt) Read more at seattletimes.nwsource.com ...
Good for Bush.
Bush should’ve started firing people on January 21st, 2001. Better late than never.
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