Posted on 06/15/2009 1:34:23 PM PDT by SwinneySwitch
The high court announced Monday it is refusing to consider a challenge to the Homeland Security secretary's ability to expedite border fence construction by waiving it from federal and local laws.
The Supreme Court will not jump into the contentious debate over the construction of a 500 mile-long fence on the United States-Mexico border.
The high court announced Monday it is refusing to consider a challenge to former Homeland Security Secretary Michael Chertoff's decision to expedite border fence construction by waiving it from 37 federal and local laws.
A collection of environmental groups, the Ysleta del Sur Pueblo Indian tribe and lawmakers in El Paso, Texas, brought the lawsuit and argued Chertoff's decision to fast-track the project was a "sweeping" and "unprecedented" power grab.
They also claimed Congress was complicit in handing over power to the executive branch.
"If allowed to stand," their brief to the court says, "(Chertoff's) order would constitute an unprecedented expansion of agency authority to preempt state and local law without clear congressional authority-and without any oversight by any court."
The tribe claims the fence blocks access to the Rio Grande river for religious and cultural activities. The city says the fence prevent it from accessing a major water supply for its residents.
(Excerpt) Read more at foxnews.com ...
The Obama administration has no intention of fulfilling the Secure Fence Act either.
Why would a majority Republican Supreme Court listen to Obama?????? That does not make sense.
Two words: Land mines.
Or.........automated turrets.
“A collection of environmental groups, the Ysleta del Sur Pueblo Indian tribe and lawmakers in El Paso, Texas, brought the lawsuit and argued Chertoff’s decision to fast-track the project was a “sweeping” and “unprecedented” power grab.”
God help us..a power grab..barf alert?
This leaves the Obama administration in the position of either just letting the fence construction proceed as it's going, or they'd have to take some steps to stop the construction.
I'd guess they'll let things proceed so they can pretend to favor border enforcement until they try and get an amnesty bill passed.
Congress can place almost anything it wants beyond the purview of the Courts. Try reading the Constitution sometime.
Ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
It makes perfect sense. The fence is nearly finished, and this decision was delivered WAY, WAY, after the fact. When the suit was filed there was already a couple of hundred miles of fence in place. The only thing that could be achieved by reversing the waiver authority at this point would be opening the door to a long series of tedious lawsuits from the Indians and the enviros that the Obamites, now that they are the government, would have to defend. This way, they can continue to blame Bush.
“The city says the fence prevent it from accessing a major water supply for its residents.”
Three points on this as I live in El Paso.
1) We do not want this water. They dump HoneyPot trucks into the water on the Mexican side. I have seen it with my own eyes.
2)It only actually runs for like three months of the year.
3) The fence is so close to the water you could rig it to access the water if you wanted to.
The tribe claims the fence blocks access to the Rio Grande river for religious and cultural activities....
Of course! Religious and cultural activities are far more important than a nuclear bomb going off in a major city...silly me!
This is what you get when you don’t have a wise latina on the court!
someone from the GOP needs to ask Sotomayor how she would have ruled on this
Fence should have been finished by now. When did the thing pass? 2006? It’s been 3 years. Just another thing the government fails at. And a fence is a lot easier to build and manage than Universal Health Care.
FMCDH(BITS)
**The high court announced Monday it is refusing to consider a challenge to the Homeland Security secretary’s ability to expedite border fence construction by waiving it from federal and local laws. **
But will it get built?
Most of what was authorized has been built. The segment that hasn't been built is tied up in court over the diminished value of the land that will be stranded behind the fence.
Why do they care since Obama will not build it anyway?
Honeypot? Is that septic/sewer?
We’ve like to paddle the river down at Colorado canyon. Hate to think it’s anything but *clean* water but, we’ve seen people dumping septic from a truck in the Medina river near Bandera.
Good Lord, is there no one you can trust anymore ?
Some one needs to rot in Jail!
Soggy Bottom Boys - Down To The River To Pray
http://www.youtube.com/watch?v=htSXKYs8sQM&feature=related
Amen!
“Honeypot? Is that septic/sewer?”
That is exactly what that is.
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