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SCOTUS Declines Environmental Challenge to Trump Wall

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SCOTUS Declines Environmental Challenge to Trump Wall

SCOTUS Declines Environmental Challenge to Trump Wall
December 04
20:57 2018

The U.S. Supreme Court has rebuked a challenge to the construction of President Trump’s famous border wall made by three environmental groups.

According to Reuters, the three groups – the Center for Biological Diversity, the Animal Legal Defense Fund and Defenders of Wildlife – filed lawsuits in the lower courts alleging that “the administration had pursued border wall projects without complying with applicable environmental laws.”

The three environmental activists sued in 2017, in San Diego, after the Department of Homeland Security authorized projects to replace existing border fencing at two sites in southern California, as well as the construction of prototype border walls. The group’s lawsuit focused on a 1996 law which does give the Federal government the authority to enforce the border, or authorize other construction projects, without the usual environmental impact studies in the interests of “national security.”

The filers alleged that reinforcing existing sites, and creating prototype samples did not fall under that law. However, U.S. District Judge Gonzalo Curiel in February ruled that the administration had not exceeded its powers. The groups appealed the judge’s decision to the Supreme Court.

Interestingly enough, despite ruling in favor of the administration, Judge Curiel is the same judge that earned Trump’s ire, when it was he who was to oversee a class-action filed against then-candidate Trump, by the students of Trump University. Trump said that Curiel could not be impartial on that case, “because he was a Mexican.”

Appeal Declined

The Supreme Court declined to hear the groups’ appeal, rejecting their challenge. Their refusal, obviously a victory for Trump who had asked the Justices not to hear the case, and a blow to those who oppose the wall.

Brian Segee, an attorney at the Center for Biological Diversity, said he was disappointed that the court would not hear the case. “Trump has abused his power to wreak havoc along the border to score political points,” Segee said. “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.”

Debate on the wall is heating up. Trump has yet to get the funding he wants for the wall from the current Congress, and that is even less likely when the new Congress is seated in January, now that Democrats control the House.

The President has threatened a government shutdown unless lawmakers provide $5 billion in wall funding. On Dec. 1, Trump said congressional leaders asked for a two-week extension of funding ahead of a Dec. 7 deadline to fully fund the U.S. government and that he would probably agree to it.

To date despite Trump’s statements to the country, Mexico has said they flat out would not be paying for the wall. However, with the violence that has erupted at the border recently, calls for the wall have been renewed, and likely garnishing more support than ever.

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6 Comments

  1. Dr. Clifford N. Alford
    Dr. Clifford N. Alford December 05, 19:26

    I have often contributed to Defenders of Wildlife in the past, but will not do so anymore if they are going to use my money to engage in actions that put our nation at risk. We need the Wall!

    Reply to this comment
  2. Roy
    Roy December 05, 20:53

    It will take time BUT, common sense WILL prevail! the wall WILL be built!!!!!!!!

    Reply to this comment
  3. Hawk
    Hawk December 05, 23:23

    No laws should even be involved with the building of the wall. Its our country at war and war has no laws. I know I fought in a war and you do what ever it takes to survive.

    Reply to this comment
  4. DAV
    DAV December 06, 21:29

    Those 3 groups: the Center for Biological Diversity, Animal Legal Defense Fund and Defenders of Wildlife should realize that the safety and well-being of the American people supersedes their agenda of self-righteousness! They are afflicted with no common senseitis and stupidosis! If they are “American” groups and don’t like it here, they are free to leave and put their guilt trips on people of other countries.

    Reply to this comment
  5. trump hater
    trump hater December 07, 13:18

    Every one of you conservatives are sick….none of you can think or live on your own and are hypocrites, evangelists being the worst! Your males are sick and do not respect or follow any rules therefore have to have religion to give you backbone. Yes, hide behind the church and the clown’s fat body!

    Reply to this comment

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