The U.S. Supreme Court on Monday declined to take up a challenge to President Donald Trump’s border wall Monday that claimed the Trump administration violated the Constitution when it exempted border barrier projects from environmental regulations.
The plaintiffs warn of adverse effects to local ecosystems should the administration raise a wall along the border with Mexico.
“It’s disappointing that the Supreme Court won’t consider this important constitutional issue,” Brian Segee, a senior attorney at the Center for Biological Diversity, told The Daily Caller News Foundation by email.
“Trump has abused his power to wreak havoc along the border to score political points. He’s illegally sweeping aside bedrock environmental and public health laws. We’ll continue to fight Trump’s dangerous wall in the courts and in Congress.”
A 1996 law authorized the attorney general (and later the Homeland Security secretary) to build border barriers to deter illegal immigration.
In that connection, the law gave the Homeland Security secretary power to exempt certain border projects from environmental laws like the Endangered Species Act, as well as other legal rules, to ensure quick construction.
The law also restricts the jurisdiction of courts to hear legal challenges to the secretary’s waivers. Any such lawsuit must be lodged on an accelerated timetable.
A coalition of green advocacy groups — the Center for Biological Diversity, the Animal Legal Defense Fund, the Defenders of Wildlife — sued after the Trump administration issued two waivers under the 1996 law for border wall projects in southern California.
The plaintiffs argued the waiver and jurisdictional provisions violate the constitutional separation of powers.
The law “effectively allows an unelected cabinet secretary to repeal existing laws, and then shields the repeals from judicial review,” the group’s petition to the high court stated.
The petition urged the justices to curtail the “extraordinary conferral of waiver authority that fundamentally distorts the allocation of power in our tripartite system of government.”
U.S. District Court Judge Gonzalo Curiel sided with the federal government at an earlier stage of the case, prompting the appeal to the Supreme Court. The court’s decision not to hear the case means Curiel’s ruling in favor of the administration will stand.
Now, Trump’s challenge is to get Congress to pay for the wall.
Trump has made funding for the border wall a priority during the lame-duck Congress, threatening to shut down the government if the project is not funded in full by year’s end.
“We need border security in this country, and if that means a shutdown I would totally be willing to shut it down,” Trump said on Nov. 28.
“And I think it’s a really bad issue for the Democrats.”