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Thomas Gallatin / Dec. 4, 2018

SCOTUS Rejects Ecofascist Challenge to Border Wall

President Trump gets an all-too-rare immigration win in the courts.

A gaggle of three ecofascist groups just saw their hopes of preventing President Donald Trump from constructing a border wall based upon their environmental “concerns” rejected by the U.S. Supreme Court. The justices refused to take up the case in which California Federal Judge Gonzalo Curiel had ruled in February in favor of Trump. Curiel determined that the president had not exceeded his powers and had the legal authority to waive environmental laws based upon a 1996 law that was designed to stem illegal immigration.

In his ruling, Curiel quoted Chief Justice John Roberts: “Court(s) are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.” That was Roberts’s opinion in upholding ObamaCare despite clear constitutional reasons to strike it down, so Curiel’s choice of a quote was … interesting.

It’s important to note that it takes the approval of only four justices for a case to be heard before the High Court. Thus, the fact that not even four justices agreed to hear arguments sends the message that this case — obviously aimed at stymying Trump’s immigration-enforcement agenda — didn’t meet muster even for the Court’s left wing.

This is a clear win for Trump. It’s also ironic given that it originated with Curiel, a judge Trump previously criticized in a 2016 lawsuit regarding his now-defunct Trump University. At the time, Trump accused Curiel of being biased due to his Mexican heritage. But Curiel acted as any good judge should — upon the merits of the case as it relates to the law and not upon personal animus or bias.

Whether Trump gets congressional funding to build the wall is another matter entirely, but at least this roadblock cooked up by anti-Trump ecofascists has been removed.

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