The state of California and a number of environmental groups sued President Trump and the Department of Homeland Security in an attempt to stop current border wall construction and prevent any new barriers from being built.
Basing their argument on the fact that the president and his administration had issued waivers to bypass environmental regulations for border wall construction, the groups sought to thwart executive power that had been granted by Congress over 20 years ago.
The case was previously rejected by another California Judge last year (possibly hoping that their arguments would find favor in liberal land better than anywhere else), but leftists rarely give up in their attempt to force their will on others. The case was taken to the Ninth Circuit Court of Appeals.
However, the court again rejected the outrageous request to stop a president for exercising his executive privilege.
Originally, the groups wanted to stop the construction of the prototypes being built and the repairs underway for 14 miles of barrier in San Diego.
They were frustrated because the president has authority to make the ‘repairs’ on a massively larger scale than were previously on the same site. And, he has done it.
“Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the Secretary of the DHS has long had the authority ‘to install additional physical barriers and roads … in the vicinity of the United States border,’” the 9th Circuit’s opinion states, quoting the law.
The IIRIRA grants the secretary of the DHS “the authority to waive all legal requirements” as is “‘necessary to ensure expeditious construction’ of those barriers and roads,” the court ruled.
The 9th Circuit’s three-judge panel voted 2-1 in favor of the federal government, and even the dissenting judge only thought that the court lacked jurisdiction to review California’s appeal, Consuelo Callahan, wrote she supported the Trump administration’s argument.
“The DHS waived provisions of the National Environmental Policy Act and the Coastal Zone Management Act in 2017, expediting approval to begin construction of the border wall prototype and repairs.”
In February of 2018, U.S. District Judge Gonzalo Curiel found “Congress delegated to its executive counterpart, the responsibility to construct border barriers as needed in areas of high illegal entry to detect and deter illegal entries.”
Liberals know they are on the losing side. However, since congress had already written the laws they are trying to fight, they are fighting a losing battle.