Conservative Political Forum

PIGS A_FLYIN!

https://thefederalistpapers.org/opinion/ninth-circuit-sides-trump-border-wall

Holy Moly!!!! 
Yes, Virginia, there IS a Santa Claus!!!!!

I have tried, and failed to find the reason for the lines running through part of my quoted post!?

I didn't put them there and they don't show anywhere else!?

OPINION

McKEOWN, Circuit Judge:

Under the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (“IIRIRA”), the Secretary of the
Department of Homeland Security (“DHS”) has long had the
authority “to install additional physical barriers and roads
. . . in the vicinity of the United States border . . . .” IIRIRA
§ 102(a).1 The Secretary also “ha the authority to waive
all legal requirements” that, in the “Secretary’s sole
discretion,” are “necessary to ensure expeditious
construction” of those barriers and roads. Id. § 102(c)(1).
 

Having determined that the border barrier projects were
authorized under section 102(a), we have little trouble
concluding that the environmental claims were also properly
dismissed.

(1) In general.—Notwithstanding any other
provision of law, the Secretary of Homeland
Security shall have the authority to waive all
legal requirements such Secretary, in such
Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.
Any such decision by the Secretary shall be
effective upon being published in the Federal
Register.

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/02/11/18-55474.pdf

I have tried, and failed to find the reason for the lines running through part of my quoted post!?

I didn't put them there and they don't show anywhere else!?

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/02/11/18-55474.pdf

Yeah, it sucks, they use characters, such as block quotes that screw with the software. When you see [ ], you can be certain you''ll have issues, simply remove every one, and it should come out like this.

The Secretary also “has the authority to waive all   legal   requirements”   that,   in   the   “Secretary’s   sole   discretion,”     are     “necessary     to     ensure     expeditious construction” of those barriers and roads.  Id. § 102(c)(1).This  appeal  stems  from  a  challenge  by  California  and  multiple environmental groups to the agency’s authority to expedite construction of border barriers near San Diego and Calexico,   California,   and   the   Secretary’s   August   and   September 2017 waivers of applicable environmental laws.  As a threshold matter, we have jurisdiction to consider the “predicate legal question” of whether IIRIRA authorizes the contested  projects.    Because  the  projects  are  statutorily  authorized  and  DHS  has  waived  the  environmental  laws  California and the environmental groups seek to enforce, we affirm  the  district  court’s  grant  of  summary  judgment  to  DHS.BACKGROUNDOn January 25, 2017, President Donald J. Trump issued Executive   Order   13,767,   directing   federal   agencies   to   “deploy  all  lawful  means  to  secure  the  Nation’s  southern  border.”  82 Fed. Reg. 8793.  A focal point of that directive was “the immediate construction of a physical wall,” to be planned, designed, and built “in accordance with existing law, including . . . IIRIRA.”  Id. at 8793–94.  The “wall” was to be a “secure, contiguous, and impassable physical barrier”