Judge dismisses challenge to Trump's border wall
US District Judge Gonzalo Curiel in San Diego granted summary judgment (PDF) for the Trump administration Feb. 27, allowing construction of a border wall between the US and Mexico to proceed. Plaintiffs, including the Center for Biological Diversity, Defenders of Wildlife, Sierra Club, Animal Legal Defense Fund, the peole of the state of California and the California Coastal Commission had sought summary judgement and injunctive relief over waiver determinations issued by the Department of Homeland Security that regarded San Diego and El Centro as "high areas of illegal entry," both in need of replaced border fences.
Plaintiffs claimed that the Waiver Determinations were ultra vires and unconstitutional according to the Nondelegation Doctrine, the Take Care Clause, the Presentment Clause, the First Amendment and the Tenth Amendment. Judge Gonzalo Curiel rejected these arguments, instead granted summary judgment for the defendants. Trump called the ruling a "win," but is still seeking funding to complete the border wall.
From Jurist, Feb. 28. Used with permission.
Note: This new San Diego border fence would of course be but the first leg of Trump's proposed border wall.
SCOTUS declines to rule on border wall environmental concerns
The US Supreme Court declined to hear an appeal from conservation groups challenging Trump's border wall plan over environmental concerns. (Jurist)
SCOTUS declines to hear border wall waiver case
The Supreme Court on June 29 declined to take up an appeal by the Center for Biological Diversity, Animal Defense Legal Defense Fund and others challenging the constitutionality of the Department of Homeland Security’s waiver of federal, state and local laws in construction of a southern border wall. The Center for Biological Diversity challenged six waiver decisions, which waived more than 40 federal laws, in order to expedite the construction of 145 miles of border wall in Arizona, New Mexico, California and Texas. The petition claimed the waivers violate the separation of powers, the non-delegation doctrine and the Presentment Clause of the Constitution. (Jurist)