Author Topic: Ninth Circuit Sides With Trump on Border Wall  (Read 286 times)

Offline mrclose

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Ninth Circuit Sides With Trump on Border Wall
« on: February 11, 2019, 05:10:41 PM »
PIGS A_FLYIN! :lol:

Quote

The infamously liberal Ninth Circuit Court of Appeals just sided with
 the Trump Administration on a border wall case, as The Hill reports:

A California-based federal appeals court on Monday sided with the Trump
administration in lawsuits brought by states and environmental groups
challenging the U.S. government’s authority to expedite construction of
barriers along the border with Mexico.

The 9th Circuit Court of
Appeals in a 2-1 ruling said the Immigration Reform and Immigrant
Responsibility Act of 1996 gives the Department of Homeland Security
broad authority to construct the border barriers and waive environmental
 laws in the process.

The ruling affirms a district court’s
decision that allowed the federal government to construct wall
“prototypes” and replace 14 miles of primary fencing near San Diego and
replace similar fencing along a three-mile strip near Calexico, Calif.
The appeals court decision also narrows the path for environmental groups to launch legal challenges to President Trump’s proposed border wall.

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




"When you are dead, you don't know that you are dead.
It is difficult only for the others.

It is the same when you are stupid."

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Offline SueAnn

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Re: Ninth Circuit Sides With Trump on Border Wall
« Reply #1 on: February 11, 2019, 05:20:24 PM »

Online walkstall

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Re: Ninth Circuit Sides With Trump on Border Wall
« Reply #2 on: February 11, 2019, 05:35:22 PM »
Holy Moly!!!! 
Yes, Virginia, there IS a Santa Claus!!!!! :thumbsup:


WOW!!  the 9th, what ever their smoking give them more.
A politician thinks of the next election. A statesman, of the next generation.- James Freeman Clarke

Politics is supposed to be the second-oldest profession.  I have come to realize that it bears a very close resemblance to the first.  ~ Ronald Reagan ~

Always remember "Feelings Aren't Facts."

Offline mrclose

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Re: Ninth Circuit Sides With Trump on Border Wall
« Reply #3 on: February 11, 2019, 06:00:19 PM »
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!?

Quote

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
"When you are dead, you don't know that you are dead.
It is difficult only for the others.

It is the same when you are stupid."

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Offline s3779m

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Re: Ninth Circuit Sides With Trump on Border Wall
« Reply #4 on: February 12, 2019, 02:48:11 AM »
While I am sure many conservatives are shocked to see this, liberals must be exploding. :lol: :lol: :lol:

Online Solar

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Re: Ninth Circuit Sides With Trump on Border Wall
« Reply #5 on: February 12, 2019, 05:21:05 AM »
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”
#WWG1WGA

Offline mrclose

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Re: Ninth Circuit Sides With Trump on Border Wall
« Reply #6 on: February 12, 2019, 02:33:59 PM »
Thank You Solar. :thumbsup:
"When you are dead, you don't know that you are dead.
It is difficult only for the others.

It is the same when you are stupid."

~ Anonymous

 

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