WASHINGTON, June 23, 2008

High Court OKs Fast Track For Border Fence

Justices Refuse To Rein In White House's Power To Waive Laws To Speed Fence's Construction

  •  (CBS/AP)

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(CBS/AP)  The Supreme Court on Monday turned down a plea by environmental groups to rein in the Bush administration's power to waive laws and regulations to speed construction of a fence along the U.S.-Mexican border.

Homeland Security Secretary Michael Chertoff has used authority given to him by Congress in 2005 to ignore environmental and other laws and regulations to move forward with hundreds of miles of fencing in Arizona, California, New Mexico and Texas.

The case rejected by the court involved a two-mile section of fence in the San Pedro Riparian National Conservation Area near Naco, Ariz. The section has since been built.

As of June, 13, 331 miles of fencing have been constructed in California, Arizona, New Mexico and Texas.

"I am extremely disappointed in the court's decision," Rep. Bennie Thompson, D-Miss., said. "This waiver will only prolong the department from addressing the real issue: their lack of a comprehensive border security plan."

Thompson chairs the House Homeland Security Committee. He and 13 other House democrats - including six other committee chairs - filed a brief in support of the environmentalists' appeal.

Defenders of Wildlife lawyer Brian Segee told CBS News correspondent Barry Bagnato that it's not just the environment that's threatened.

"It's one unelected Cabinet-level official that’s allowed to pick and choose which laws apply," Segee said.

Russ Knocke, a spokesman for the Homeland Security Department, said, "The American people expect this department to enforce the rule of law at the border." He added that the department is happy with the court's decision.

"As fence construction proceeds," Knocke said, "the department will continue to be a good steward of the environment, and consult with appropriate state, local, and tribal officials."

The concept of a border fence took on new life after the Sept. 11, 2001 terrorist attacks, which revived the heated immigration debate. Intelligence officials have said the holes along the southwest border could provide places for terrorists to enter the country.

Congress failed to pass comprehensive immigration reform when it had the chance in 2007.

Thompson said, "Without a comprehensive plan, this fence is just another quick fix."

Earlier this year, Chertoff waived more than 30 laws and regulations in an effort to finish building 670 miles of fence along the southwest border. Administration officials have said that invoking the legal waivers - which Congress authorized in 1996 and 2005 laws - will cut through bureaucratic red tape and sidestep environmental laws that currently stand in the way of fence construction.

Environmentalists have said the fence puts already endangered species such as two types of wild cats - the ocelot and the jaguarundi - in even more danger. The fence would prevent them from swimming across the Rio Grande to mate.

Also on Monday, the Supreme Court:

  • agreed to decide whether decades-old maternity leaves should count in determining pensions. The issue has split federal appeals courts and could become increasingly important as women who took maternity leaves in the 1960's and 70's approach retirement. Their pregnancies occurred before the federal Pregnancy Discrimination Act, enacted in 1979, barred companies from treating pregnancy leaves differently from other disability leaves. Since then, maternity leave has been credited toward retirement. The case before the court involves four AT&T Corp. employees who each took at least one maternity leave between 1968 and 1976. They have 67-261 days of uncredited leave because their pregnancies occurred before the law changed.

  • said an indigent defendant's right to a lawyer begins when he is brought before a judge, informed why he has been arrested and jailed. The court ruled 8-1 in favor of Walter Rothgery, whose request for a lawyer was denied by local Texas authorities for six months. Rothgery was arrested in Texas for carrying a gun as a convicted felon, based on a background check that erroneously showed a felony drug conviction in California.

  • threw out a ruling in which a federal appeals court, without being asked to do so, added 15 years to a convicted man's prison sentence. The court ruled 7-2 in favor of Michael Greenlaw of Minneapolis, who was convicted of participating in a drug-selling operation. Writing for the majority, Justice Ruth Bader Ginsburg said that since the government didn't appeal the sentence, the 8th U.S. Circuit Court of Appeals in St. Louis should not have increased Greenlaw's prison term. Under an unwritten but long-standing court rule, appeals judges are blocked from adding years to a defendant's sentence on their own initiative, Ginsburg said.

  • ruled that a collection agency with no financial stake in a case can sue on behalf of its customers. The 5-4 decision addresses a basic legal point, that courts can only hear cases when plaintiffs suffer actual injuries that are traceable to a defendant's conduct. In the case before the court, APCC Services Inc. is trying to collect from Sprint Communications Co. and AT&T Inc. for coinless long-distance calls over the networks of Sprint and AT&T.

  • turned down property owners and tenants facing eviction to make room for a new NBA Nets arena in Brooklyn. The justices rejected an appeal that was intended to stop development of the Atlantic Yards project. Eleven property owners and tenants said that using the government's power to take the property, called eminent domain, violates the Constitution because the project would primarily benefit the developer, not the public.

  • stepped into a dispute over the Navy's use of sonar off the Southern California coast and its potential harm to dolphins and whales. Acting at the Bush administration's urging, the court agreed to review a federal appeals court ruling that limits the use of sonar in naval training exercises.

  • intervened in a lawsuit by an Internet service provider accusing AT&T of anti-competitive practices. AT&T had asked the justices to step into the dispute over wholesale prices AT&T charges for high-speed service to Internet service providers who then compete with AT&T for retail Internet customers.

  • will review a ruling that allows the brother of an Iranian terrorism victim to collect $2.8 million. The justices said they will consider overturning a decision by the 9th U.S. Circuit Court of Appeals in San Francisco in the case of Dariush Elahi, who is seeking the money as compensation for the killing of his brother, Cyrus, in Paris in 1990. French authorities blamed the Iranian government for the killing.



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    by midland666 June 24, 2008 12:07 PM EDT
    Displeased ..

    the Deer and the big horn Sheep will flash an RFID Chip I.D. and a park ranger will come and Hand out Botteled water from China!!!
    Reply to this comment
    by displeased June 24, 2008 12:00 PM EDT
    You will not be able to keep out people that want to get here, but you will cause irreprable damage to the environment, shame on whoever came up with the hairbrained idea...
    Posted by lovesamerica

    I''m curious though, how will the wildlife on the Texas side of the fence get to the river to drink?
    Reply to this comment
    by midland666 June 24, 2008 11:48 AM EDT
    the Question is, will it do a good enough job of keeping people in....
    Reply to this comment
    by gkc99 June 24, 2008 11:12 AM EDT
    "The court ruled 8-1 in favor of Walter Rothgery, whose request for a lawyer was denied by local Texas authorities for six months. Rothgery was arrested in Texas for carrying a gun as a convicted felon, based on a background check that erroneously showed a felony drug conviction in California. "

    And which of the freedom loving justices thought that it was OK to deny legal representation while holding a man for months on a false charge?

    Let us guess--one of the appointees of the freedom loving Neocons--Scalia or Thomas, no doubt.
    Reply to this comment
    by roachcrusher June 24, 2008 4:20 AM EDT
    With all the garbage, chemicals, and industrial wastes that are flushed into the Rio FROM THE UNREGULATED MEXICAN SIDE a fence is the least of the problems faced by wildlife there.

    Posted by cyberus

    Garbage and poisons are flushed into the river by unregulated American companies operating on the Mexican side of the border.

    The beaches along the U.S. Pacific and Atlantic coasts are polluted. The beaches in Mexico are clean. That''s why people vacation down there. Lakes and streams in the U.S. are polluted. Lakes and streams in Mexico are pristine. Fish caught in the U.S. are known to have disease and/or Mercury. Fishing in Mexico is a big tourist industry.

    South Koreans are demonstrating against the importation of U.S. beef. Tainted and unsafe they say. Polluted.

    The list of U.S. products that have been on the "Thanks But No Thanks" international list due to some kind of pollution is ever changing.
    Reply to this comment
    by andor3 June 24, 2008 4:00 AM EDT
    exactly... this is just a diversion. nobody intends to build the fence and nobody wants it to be in the way. But there are certain political and corporate interests that need to send a certain sector of the population into tail chasing as a distraction./
    Reply to this comment
    by cyberus-2009 June 24, 2008 2:40 AM EDT
    ----
    The real losers with this brainstorm wall idea is the wildlife that will have its territory disturbed. You will not be able to keep out people that want to get here, but you will cause irreprable damage to the environment, shame on whoever came up with the hairbrained idea...

    Posted by lovesamerica
    ----

    With all the garbage, chemicals, and industrial wastes that are flushed into the Rio FROM THE UNREGULATED MEXICAN SIDE a fence is the least of the problems faced by wildlife there.
    Reply to this comment
    by lovesamerica June 24, 2008 2:20 AM EDT
    The real losers with this brainstorm wall idea is the wildlife that will have its territory disturbed. You will not be able to keep out people that want to get here, but you will cause irreprable damage to the environment, shame on whoever came up with the hairbrained idea...
    Reply to this comment
    by sistatee-2009 June 24, 2008 1:47 AM EDT
    Hurry the fence, now that there''s nobody left in Mexico.
    Reply to this comment
    by deacon20081 June 24, 2008 1:30 AM EDT
    1. $11 Billion to $22 billion is spent on welfare to illegal aliens
    each year. http://tinyurl.com/zob77
    2. $2.2 Billion dollars a year is spent on food assistance programs
    such as food stamps, WIC, and free school lunches for illegal aliens.
    http://www.cis.org/articles/2004/fiscalexec.html
    3. $2.5 Billion dollars a year is spent on Medicaid for illegal
    aliens. http://www.cis.org/articles/2004/fiscalexec.html
    4. $12 Billion dollars a year is spent on primary and secondary school
    education for children here illegally and they cannot speak a word of
    English! http://transcripts.cnn.com/TRANSCRIPTS/0604/01/ldt.0.html
    5. $17 Billion dollars a year is spent for education for the
    American-born children of illegal aliens, known as anchor babies.
    http://transcripts.cnn.com/TRANSCRIPTS/0604/01/ldt.01.html
    Reply to this comment
    by vnveteran72 June 24, 2008 12:00 AM EDT
    Darth: "Dammitt Shrub, just do it"!!!

    Shrub: "Okay, Okay,....don''t get so testy"....
    "Hello"???...."Yea, listen Cherty, let''s get that Border Fence and some other divisive stuff out there in the Press, so the Citizens''ll have somethin'' to occupy themselves with while I pull off this Domestic Spying Caper and get the Ball Rolling on this Iranian Bombing Scam"......"Yea, I''ll hold"....
    Reply to this comment
    by cyberus-2009 June 23, 2008 11:38 PM EDT
    (continuation)
    3 months after the 6 months prepaid ended the foreclosure notice was posted .. 3 months later the eviction notice, when the sheriff arrived to evict they had all moved out .... leaving behind a house that was immediately declared unfit for occupancy.
    The group that paid the first 6 months and co-signed was left paying to repair the home ($27k using volunteer labor) and paying the mortgage until they could sell the house .. they lost so much money that they had to close down for months until they sold the house due to the lack of funds to help other people .. and still ended up losing tens of thousands.
    And in the end it was discovered that the original *family* was using the SS numbers of a family that died in a fire in California the year before.
    Saddest part is not only did they bite the Hispanic hands that tried to help them up .. they ripped the hands off so they could not help others.
    Reply to this comment
    by cyberus-2009 June 23, 2008 11:37 PM EDT
    ----
    Several families will get together and purchase a home then flee back to Mexico because they can''''t pay the mortgage, leaving a further burden on citizens.
    If they wish to receive these benefits, they may go thru the system, become legal, pay their taxes and bills like the rest of us - there is a huge difference between a hand up and a hand out
    Posted by sbbm
    ----
    Had a case like that next door.
    A *family* bought the 3 bedroom 1 bath house (homes in this area are all over 50yrs old) with the help of a local Hispanic group, who helped them get the loan through some special program, and paid the first 6 months mortgage to *give them a hand up*.
    Withing 3 weeks this house had 12-15 people living in it.
    (continued)
    Reply to this comment
    by cyberus-2009 June 23, 2008 11:07 PM EDT
    -----
    Anyone building a Berlin Wall in the southern border with Mexico is going to pay and answer to voters who call this idea foolish and shameful. John Kennedy and Ronald Reagan called on Communists to tear down the wall. Soon, President Calderon and some descent US citizens will call on President Bush and later, Obama to tear down that wall. It is plain ugly!!! The American Iron Curtain never set well with me!!! That wall is stupid and qualifies for international condemnation!!!
    -----

    The Berlin wall was built by the East Germans to keep East Germans in, not to keep West Germans out.
    A Mexican border fence/wall will not prevent Americans from leaving, or actually prevent Mexicans from entering ... *legally*.
    Reply to this comment
    by l00ker June 23, 2008 10:47 PM EDT
    The jews, are the main supporters, besides these disloyal hispanics, of these illegal parasites, and provide them "legal" aid and information on how to evade the law. But in reality, these jews use these illegals for cheap labor, consumers of their jewish wares ans services, a source of economic & artistic creativity, and another minority to hide behind. Just as they did with blacks.
    Reply to this comment
    by Latrocinor June 23, 2008 10:45 PM EDT
    Illegal immigrant is the term given by white racist to the descendents of the original inhabitants of this American continent.

    Posted by rudy654
    ... ... ...

    Ummmm........no it''s not.
    Reply to this comment
    by pensacola88 June 23, 2008 10:10 PM EDT
    Roachcrusher and Andor3, I totally agree with both of you.

    I have watched K.K.K. harass Vietnamese and eventually get chewed out by a Federal Judge in Kemah, Texas in the late 70''s, and then watch to learn that K.K.K. were much of the white protestant (white supremist in disguise) political machine from the 1930''was when it was legal to oppress and deprive a person from their civil rights.

    I watched Texas lose their court fights in the Federal Supreme court over trying to deprive aliens of their access to medical care, school and legal representation when charged with a crime. There are many federal laws, and international treaties that cover and over-ruled the wishes of many Texans, who fuel bigotted attitudes against latins.

    Anyone building a Berlin Wall in the southern border with Mexico is going to pay and answer to voters who call this idea foolish and shameful. John Kennedy and Ronald Reagan called on Communists to tear down the wall. Soon, President Calderon and some descent US citizens will call on President Bush and later, Obama to tear down that wall. It is plain ugly!!! The American Iron Curtain never set well with me!!! That wall is stupid and qualifies for international condemnation!!!
    Reply to this comment
    by dobbershome June 23, 2008 10:02 PM EDT
    ****** the enviroment. Put the *** fence up already.
    Reply to this comment
    by dobbershome June 23, 2008 10:02 PM EDT
    ****** the enviroment. Put the *** fence up already.
    Reply to this comment
    by l00ker June 23, 2008 10:00 PM EDT
    All of you advocates of these illegal slaves, mostly blood sucking jew business people and jew lawyers, disloyal hispanics, and other corrupt business owners from here and abroad who hire these parasites, will soon be creeping around corners, just as those who particpated in those traitorous illegal rallies are doing now. Our Constitution demand that the citizens of this country rid it of all foreign invaders, and an invader is never invited, invited by whom? Indeed, battle lines are being drawn by the minute.
    Reply to this comment
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