Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By RedState (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

9th Circuit Affirms Trump Admin Win on Border Wall Lawsuit

% of readers think this story is Fact. Add your two cents.


The 9th Circuit Court of Appeals on Monday affirmed a US District Court ruling that granted summary judgment to the Department of Homeland Security in a lawsuit challenging DHS’s use of waiver authority in “border barrier” construction.

In the initial lawsuit Plaintiffs claimed “that DHS exceeded its statutory authority in working on the border barrier projects and issuing the related waivers,” (ultra vires claims); environmental claims; that DHS violated environmental laws in planning and building the border barrier projects; and that DHS’s use of waivers authorized under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) was unconstitutional.

At the District Court level Judge Gonzalo Curiel declined to hear the environmental and ultra vires claims, saying that under the IIRIRA only the U.S. Supreme Court had jurisdiction to hear those claims, and ruled in favor of the Administration on the constitutional issue.

Plaintiffs first appealed directly to the U.S. Supreme Court, which declined to hear the appeal. As a result of Monday’s ruling, issued by a three-judge panel, Plaintiffs can request an en banc rehearing by a full panel of 9th Circuit judges or again file for a writ of certiorari.

Despite the environmentalist rhetoric in the court filings that ecosystems and habitats will be irreparably destroyed if the administration is allowed to use waivers to secure the border, the waivers at issue relate to projects that replace existing barriers, not for new construction. From Monday’s order:

The Secretary authorized the San Diego and Calexico Projects because the existing barriers in those areas were built in the 1990s using a fence design “that is no longer optimal for Border Patrol operations.”  82 Fed. Reg. 35,985, 42,830.  According to DHS, the new construction erects stronger and taller barriers.  The Calexico Project will replace “[t]he existing fourteen foot, landing mat-style fencing . . . with an eighteen to twenty-five foot barrier that employs a more operationally effective design.”  Id. at 42,830.  Similarly, the San Diego Project “will replace existing primary fencing” with a “new primary barrier” that “use[s] an operationally effective design.”  Id. at 35,984–85.  These are “additional physical barriers.”

Still, environmentalists are lying about the ruling and its effect.

“Congress has ceded its authority to Trump, who has swept aside fundamental public safety and environmental laws to build walls that won’t work,” Brian Segee, a Center for Biological Diversity attorney, said after Monday’s ruling. “This lawlessness is destroying irreplaceable ecosystems and militarizing communities.”

Follow Jennifer Van Laar on Twitter @jenvanlaar and Facebook.

The post 9th Circuit Affirms Trump Admin Win on Border Wall Lawsuit appeared first on RedState.


Source: https://www.redstate.com/jenvanlaar/2019/02/11/9th-circuit-affirms-trump-admin-win-border-wall-lawsuit/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.


LION'S MANE PRODUCT


Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules


Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.



Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.


Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login