The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Monday, February 11, 2019

Appeals court sides with Trump in border wall prototype dispute | TheHill

A three-judge panel ruled 2-1 that the Department of Homeland Security (DHS) has broad authority under the Immigration Reform and Immigrant Responsibility Act of 1996 to construct wall "prototypes,” replace 14 miles of primary fencing near San Diego and replace similar fencing along a three-mile strip close to Calexico, Calif.


A coalition of environmental groups, led by the Center for Biological Diversity, challenged the authority of DHS to waive dozens of laws, including the National Environmental Policy Act, the Endangered Species Act and the Religious Freedom Restoration Act, to make it easier to build the border infrastructure.


I wonder who was on the panel.

| Permalink


Two intelligent judges it seems.

Posted by: Stu Buchalter | Feb 11, 2019 6:15:43 PM

Quoting from the article:

Judge M. Margaret McKeown, who was appointed to the court by former President Clinton, issued the court’s majority ruling on Monday. She was joined by Jacqueline Nguyen, an Obama appointee.

Judge Consuelo Callahan, a George W. Bush appointee, dissented from her colleagues. She wrote that under her reading of the 1996 law, the district court’s decision can be reviewed only by the Supreme Court, and appeals courts don’t have the authority to hear cases such as this one.

“If we could reach the merits of these appeals, I would concur in my colleagues’ opinion,” she wrote.

Posted by: CR | Feb 12, 2019 7:54:37 AM