Elder Patriot – A group of environmental Marxists attempting to circumvent national security by invoking an environmental argument was stopped in its tracks when the Supreme Court refused to hear their appeal.
The plaintiffs were a coalition of left wing environmentalists pushing the global Marxist agenda – the Animal Defense Fund, Defenders of Wildlife, and the Center for Biological Diversity.
Their Petition for Writ of Certiorari raised the question:
“Whether IIRIRA 102(c) – which grants the Secretary of Homeland Security sweeping power to waive any or all legal requirements in her sole discretion, and then insulates that exercise of discretion from judicial review – violates the separation of powers.”
On Monday, the U.S. Supreme Court declined to take up the question which was filed in an attempt to put a halt to President Trump’s plans to build a barrier along our southern border.
The Supreme Court’s refusal to hear the case means the decision of the lower court stands.
It’s hard to see what the plaintiffs expected other than this outcome. The presiding judge in the original filing in U.S. District Court was Gonzalo Curiel who clashed with then-candidate Trump in a civil suit against Trump University.
Considering Curiel’s past animus towards Trump, the fact that he acknowledged Trump’s right to build the wall pretty much meant that the law was unassailable. And, it proved to be so, on appeal.
Given that the Department of Homeland Security answers to the president and is charged with protecting, among other responsibilities, our nation’s borders this was a no-brainer.
If environmentalists could prevent border defense efforts, especially one as benign as the construction of a structure, what havoc could they wreck on the military’s efforts that often result in devastation of targeted areas?
Then there’s the fact that Congress passed an act that authorized the building of the border wall in 1996. If the Congress has agreed, and the president – the superior officer to both the EPA Secretary and the Homeland Security Secretary – puts Congress’ legislation into action, which branch of government is being shut out of the decision-making?