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Appeals court sides with Trump in border wall prototype dispute
The Hill ^ | 02/11/19 | Lydia Wheeler

Posted on 02/11/2019 11:36:53 AM PST by yesthatjallen

A California-based federal appeals court on Monday sided with the Trump administration in lawsuits brought by state and environmental groups brought challenging the U.S. government’s authority to expedite construction of barriers along the border with Mexico.

The 9th Circuit Court of Appeals in a 2-1 ruling said the Immigration Reform and Immigrant Responsibility Act of 1996 gives the Department of Homeland Security broad authority to construct the border barriers and waive environmental laws in the process.

The ruling affirms a district court's decision that allowed the federal government to construct wall "prototypes” in San Diego and replace primary fencing near Calexico, Calif.

The appeals court decision also narrows the path for environmental groups to launch legal challenges to President Trump's proposed border wall.


TOPICS: Mexico; News/Current Events; US: Arizona; US: California; US: Florida; US: New Mexico; US: New York; US: Texas
KEYWORDS: 9thcircuit; 9thcircus; arizona; border; buildthefence; calexico; california; daca; dreamact; dreamers; florida; illegalaliens; lydiawheeler; mexico; newmexico; newyork; ninthcircuit; ninthcircus; sandiego; texas; thehill; thehillary; theshill; trump; wall
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To: yesthatjallen

T minus 10 Houston ... 9 .... 8 .... 7 ....


21 posted on 02/11/2019 12:36:44 PM PST by 11th_VA (Hey RATs - Negotiate or Starve)
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To: Electric Graffiti

Particularly since according to Gallop of the 450 million living south of the border at least 42 million want to come here. We’re gonna need remote controlled .50s on towers if that estimate (which is conservative by the way) is true.


22 posted on 02/11/2019 12:44:00 PM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
A California-based federal appeals court on Monday sided with the Trump administration in lawsuits brought by state and environmental groups brought challenging the U.S. government’s authority to expedite construction of barriers along the border with Mexico. The 9th Circuit... ruling said the Immigration Reform and Immigrant Responsibility Act of 1996 gives the Department of Homeland Security broad authority to construct the border barriers and waive environmental laws in the process... a district court's decision that allowed the federal government to construct wall "prototypes” in San Diego and replace primary fencing near Calexico, Calif. The appeals court decision also narrows the path for environmental groups to launch legal challenges to President Trump's proposed border wall.

23 posted on 02/11/2019 1:12:30 PM PST by SunkenCiv (and btw -- https://www.gofundme.com/for-rotator-cuff-repair-surgery)
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To: yesthatjallen

More winning!
Probably the luck of the draw in the ninth. I am guessing two rare Republican appointed judges and one liberal judge. As Trump fills the vacancies on the 9th, this rare occurrence could become more common. The dems will still have the edge, but it will become almost even money as to the majority in a random three judge appellate court.


24 posted on 02/11/2019 1:14:14 PM PST by Revolutionary ("Praise the Lord and Pass the Ammunition!")
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To: jazusamo

Trump has been getting quite a few Judges on the 9th Circuit. I also think some of the libs on that court are realizing that Trump has the Constitutional authority to build the wall even if some judge issues an injunction.

Many of the liberal Judges may understand that they are just paper tigers. The first time Trump tells then to FO and goes ahead with the wall, it’s all over for the constitutional over-reach against every attempt to restrain the power vested in the Presidency.


25 posted on 02/11/2019 1:27:00 PM PST by WASCWatch
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To: Capt. Tom

Governments are not subject to adverse possession claims.


26 posted on 02/11/2019 1:28:48 PM PST by WASCWatch
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To: yesthatjallen

“The 9th Circuit Court of Appeals in a 2-1 ruling said the Immigration Reform and Immigrant Responsibility Act of 1996 gives the Department of Homeland Security broad authority to construct the border barriers and waive environmental laws in the process.”

Damned if I’m going outside for the next few days.
The falling dung from all those flying pigs could be lethal!


27 posted on 02/11/2019 1:39:54 PM PST by oldvirginian ( Buckle up kids, rough road ahead.)
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To: WASCWatch

You may be right about that.

In the last couple years there have been a few surprising rulings come out of the 9th, I certainly hope you are.


28 posted on 02/11/2019 1:45:27 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: Electric Graffiti

Did Teddy Roosevelt set this up so Trump can keep us safe?

If so-—someone remind me what political party Roosevelt belonged to.

A 60 ‘ wide easement is lovely news.


29 posted on 02/11/2019 1:56:51 PM PST by ridesthemiles
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To: yesthatjallen

The original proclamation, #758 and signed on 27 May, 1907, only cover land within the State of California and the Territories of Arizona and New Mexico; and where any river or stream forms any part of said international boundary line. Texas is not in the works there but the Rio Grande River’s official river border measurement ranges from 889 miles to 1,248 miles, depending on how the river is measured. So there is no space I can find within the IRIRA of 96 any listing of change to the original proclamation to build next to the river and in areas not covered by a river or stream which is where it leaks into Texas not originally identified.

But there is another can of worms in the original law and the follow up by Clinton. Upon passage of his law, states were restricted from offering in-state tuition at public institutions to students who were not legally in the country. However, violating federal law, several states have passed tuition-equality laws by allowing anyone regardless of legal status to apply for in-state tuition if they meet the state’s eligibility requirements. Why isn’t someone getting arrested by the FBI for violating federal law? And why aren’t the determination of illegal status being identified on this action aiding HS in deportations. And furthermore, how is DACA being allowed to protect illegals when they also violated this law by passing over the boundary already established and pinpointed by size and location as it is in direct conflict without states rights as it is multistate which makes it interstate commerce.

rwood


30 posted on 02/11/2019 2:34:29 PM PST by Redwood71
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To: yesthatjallen

If the Subway sandwich was intact, there was no attack!


31 posted on 02/11/2019 2:54:47 PM PST by Lopeover (We Are #TRUMPSTRONG)
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