“Conservation groups, led by the Animal Legal Defense Fund and the Center for Biological Diversity, argued that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996’s provision giving the Homeland Security secretary nearly limitless authority to waive laws in the name of building border protection infrastructure like walls is unconstitutional.
...The 1996 law and subsequent amendments to it give the Homeland Security secretary the power to waive any law — not just environmental ones — in order to facilitate building border infrastructure like fences and roads.”
The Supreme Court left the power to waive any law to build a border wall intact. Funding is the only obstacle.
Funding is the only obstacle.
Neither wing of the uniparty wants a wall. POTUS is riding solo on this one.
Besides it’s a Bill Clinton signed law so by repealing it, Roberts would be shaming the Clintons and Roberts might be in trouble for having illegal Irish children.
>>Funding is the only obstacle.<<
Consider this: The Kenyan Fraud managed to find a hundred and fifty BILLION dollars to bribe Iran to be nice, but our stinking Congress creatures cannot find 25 billion dollars for a wall to protect our country from invaders. And they wonder why millions of Americans despise them all!
The Center for Biological Diversity is a hardcore left/liberal organization (as opposed to other conservation groups that had open Marxists in it (at some time), such as the Natural Resources Defense Fund - Damu Smith).
It is well staffed and funded. The staff have a myriad of degrees in “science, the environment, etc”. so they are not a bunch of foundation-funded nuisance yahoos, and that is what makes them very dangerous.
For the Nutty Ninth to turn them down, their case presentation/contents had to be bad. That is good.
DHS’s authority is under the national security umbrella/legislation since 9/11, so many of its operations are based on that, not necessarily some other act. Therefore the President and DHS have the authority to act in the national interest, i.e. national defense. Hence the Supreme Court’s decision not to hear the case.