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The 9th Circuit Court of Appeals ruled for the Trump administration Monday in a case challenging its use of waivers to bypass environmental regulations in constructing parts of the border wall.

The state of California and several environmental groups sued President Donald Trump and the Department of Homeland Security (DHS) in September 2017 to stop construction of a border wall prototype and ongoing repairs to 14 miles of an existing barrier in San Diego.

“Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the Secretary of the DHS has long had the authority ‘to install additional physical barriers and roads … in the vicinity of the United States border,’” the 9th Circuit’s opinion states, quoting the IIRIRA.

The IIRIRA grants the secretary of the DHS “the authority to waive all legal requirements” as is “‘necessary to ensure expeditious construction’ of those barriers and roads,” according to the 9th Circuit.

The 9th Circuit’s three-judge panel ruled 2-1 in favor of the federal government. The dissenting judge, Consuelo Callahan, wrote she supported the Trump administration’s argument, but thought the court lacked jurisdiction to review California’s appeal.

The DHS waived provisions of the National Environmental Policy Act and the Coastal Zone Management Act in 2017, expediting approval to begin construction of the border wall prototype and repairs.

The ruling is another legal victory for Trump in the case after U.S. District Judge Gonzalo Curiel ruled against California in February 2018. Curiel found “Congress delegated to its executive counterpart, the responsibility to construct border barriers as needed in areas of high illegal entry to detect and deter illegal entries.”

Trump accused Curiel of being biased against him in an earlier case involving Trump University. Curiel ruled against then-presidential candidate Trump on several points throughout the 2016.

“I think it has to do with perhaps the fact that I’m very, very strong on the border,” Trump told Fox News in February 2016. “Now, he is Hispanic, I believe. He is a very hostile judge to me.”

Trump eventually settled the case for $25 million.

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25 Comments

25 Comments

  1. Hillary Monson

    February 12, 2019 at 2:57 am

    Inserting herself, once again, into pop culture. She’s like the pot calling the kettle oooops! How’s she’s preaching to the choir!

  2. Sharon Nye

    February 12, 2019 at 3:09 am

    So surprised that the 9th circuit Court allowed Presidnent Trump to do the wall. Generally they go against any thing he wants. Great! Let’s get this wall up. And soon!

    • Mike Lowe

      February 12, 2019 at 3:44 am

      Perhaps that just demonstrates how strong Trump’s legal case is. Surely a Federal decision should over rule a State decision? Although the dissenting judge had her doubts on this, but it must have been well and truly established in case law surely. If not, a stupid decision by one State could allow marauding hordes of invaders to cross the border with impunity.

    • Jule Ray Westcott

      February 12, 2019 at 3:46 am

      I almost choked on my beef steak when I read this It’s a miracle. Maybe we have hope after all.

    • Charles F. Childress, Jr.

      February 12, 2019 at 4:04 am

      He is justifice in United States Code Title 10 to do what he wants to do. They have to uphold it . It is stated in plain English.

    • madge

      February 12, 2019 at 6:04 am

      my thoughts: God is changing hearts.

  3. Dean Perry

    February 12, 2019 at 3:55 am

    FAKE NEWS!
    Congress just reached an agrement, No wall and Trump is getting LESS border security money than he got before he shut the government down last December!!!!!!
    Tried of winning???????

    • RIC CARTER

      February 12, 2019 at 4:10 am

      Strange that only you would have this information. Oh, I forgot, the left make things up.

    • Mary

      February 12, 2019 at 5:20 am

      Dean Perry –

      Apparently, it’s you who doesn’t know what’s going on.

      Oh, and just wait! Big stuff is about to happen! LOL! Trump is the world’s best negotiator and he knows exactly what he’s doing. (Think of a great chess player ). Sorry to break the news, but President Trump is your president and he will be again for the second term.

    • Cara

      February 12, 2019 at 5:57 am

      Trump will veto it.

    • Michael

      February 12, 2019 at 6:42 am

      We know you and your sources are fake news, Dean. You don’t have to keep telling us. Did your source tell you that Hillary has a 98% chance of winning the election too?

    • pat

      February 12, 2019 at 8:00 am

      Your right this is fake news

    • Bill Van Dam

      February 12, 2019 at 2:23 pm

      Dean, don’t wet your diapers over the fact that democrats again opposed OUR president. If you continue to do so, you’ll have to go out and buy a lot more pampers. But not to fret, OUR president gets things done, bet on it. Now take your bottle of mommies milk and go back to bed.

  4. Larry Hasbro

    February 12, 2019 at 4:01 am

    The DEMORATS are gonna vomit and hopefully choke

  5. ANNE FARRELLY

    February 12, 2019 at 4:18 am

    If the border jumpers voted as Republicans, the wall would have been up years ago and it would be ancient history and no Trump election!

  6. neo

    February 12, 2019 at 4:32 am

    DO yopu mean that the 9th circus court of appeals actually ruled with a law and did not legislate from the bench like EVERY time before?….must of got tired of the SCOTUS reversing their decisions….huh

  7. Jon Wisdom

    February 12, 2019 at 4:41 am

    The Ninth Circuit ruled for President Trump? That lawsuit had to be frivolous.

  8. James

    February 12, 2019 at 7:18 am

    welll.
    SURPRISE SURPRISE, THE 9TH FINALLY DID something RIGHT FOR A CHANGE FOR THE NATION.

  9. Matt

    February 12, 2019 at 7:21 am

    The 9th circus of America!

  10. ImJustAvg

    February 12, 2019 at 12:08 pm

    While I am happy about the decision, I wonder when the other shoe will drop? Will some environmental group file a law suit for disturbing the fartful turtle or the or the beached whale frog? Or will Nancy Pelosi do something to stop it!

    Illegal Immigration was THE reason that I voted for Trump and will be the reason I vote for him in 2020! Although I don’t like Trump’s personality, he is the one person trying to do something that is ripping this country apart! In some areas of the country, mainly the SW people are so fed up with the ILLEGALS that if something isn’t done soon, there will be a backlash that could ignite a civil war.

  11. abolishliberals

    February 12, 2019 at 2:08 pm

    IN YOUR FACE LIBTURDS!!!!

  12. Rick

    February 12, 2019 at 2:46 pm

    Trump is putting conservatives on the 9th court. The more that get on that court will change the way Communist california does business..

    • Voncile2019

      February 13, 2019 at 3:06 am

      Rick, Yes he is! #MAGA Trump 2020!!

  13. Frank Campo

    February 12, 2019 at 3:28 pm

    Start the damn wall! Butterflies can get over it.

    • CAROLE THURMAN

      February 14, 2019 at 2:16 am

      I AGREE WITH FRANK CAMPO !!!!!

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