SCOTUS Gives Border Fence Thumbs Up

ARRA News Service: The U.S. Supreme Court gave the thumbs up to building the remaining 340 miles of a U.S.-Mexican border fence when the court refused on Monday to hear a case challenging the government's waivers of various laws. Three years ago, Congress gave Homeland Security Secretary Michael Chertoff an unusual power to "waive all legal requirements" that could stand in the way of building the fence. These requirements included the nation's environmental protection laws. The same congressional action took away the authority of judges to review Chertoff's decisions.

The Federal Government's 2005 Secure Border Initiative charges Homeland Security Secretary Michael Chertoff with the responsibility completing 670 miles of border fence and having it in place by the end of the year. Chertoff used his congressional provided authority to waive environmental- and cultural-protection laws, declaring the fence a national-security priority. Chertoff said the waivers were the only way to ensure completion of a 670-mile border-fence project by January. As of June 13, 331 miles of fencing had been built.

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