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SUNDAY, NOVEMBER 22, 2009
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High Court Won't Hear Challenge to Border Fence

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(Newser) – The Supreme Court has refused to hear a challenge to the completion of the border fence between the US and Mexico, Fox News reports. Environmental groups, an Indian tribe, and the city of El Paso brought the challenge, contending that a fence will cut off access to the Rio Grande for religious, cultural, and municipal purposes. The Obama administration had encouraged the court to reject the case.

The petitioners also objected to the fence because its authorization, under then-Homeland Security chief Michael Chertoff, required Congress to waive federal, state, and local laws applying to the agency. “If allowed to stand,” the petitioners’ brief stated, the “order would constitute an unprecedented expansion of agency authority to preempt state and local law without clear congressional authority and without any oversight by any court.”

The fence, in San Diego.
The fence, in San Diego.   (AP Photo)
Trucks cross the border in Tijuana, Mexico.
Trucks cross the border in Tijuana, Mexico.   (AP Photo)
A US Border Patrol agent patrols along the fence line of the U.S.-Mexico border in Nogales, Ariz.
A US Border Patrol agent patrols along the fence line of the U.S.-Mexico border in Nogales, Ariz.   (AP Photo)
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8 comments
VIEWING:
 
Observer
Jun 15, 09 3:04 PM CDT
Since when did the Federal Government respect state and local rights? Our government no longer exists to protect "we the people". It exists to protect and expand itself like the appropriately named collective - The Borg! Stay out of it way or become assimilated. Reply
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+3
IN RESPONSE:
Rob
Jun 15, 09 3:10 PM CDT
It's called eminent domain; it's not new; and all levels of governemnt from local to national retain this right.
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-1
IN RESPONSE:
lthurman
Jun 15, 09 3:56 PM CDT
rob, eminent domain and waiving rights are completely different. with eminent domain you have the courts for redress, with waiving rights you have the kind of government corona-king and some others would like...the kind we've had for eight years.
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+2
IN RESPONSE:
Rob
Jun 16, 09 8:42 AM CDT
lthurman. We recently had a question of eminent domain here where I live. Not only was the land taken, but it was taken and given to private developers to construct a mall for the "greater good." You are incorrect in how it works. There is initial discussion and offers. But if these are turned down the land can be taken with simple statements of public good.
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0
TerrifiedCitizen
Jun 15, 09 3:18 PM CDT
“order would constitute an unprecedented expansion of agency authority to preempt state and local law without clear congressional authority and without any oversight by any court.” Someone finally got it. Reply
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