President Trump may have to begin mincing his words over one man in particular. A judge who was taunted by Donald Trump during the presidential campaign sided with the president Tuesday on a challenge to building a border wall with Mexico.
The president’s formerly perceived nemesis paved the way by removing a major obstacle to Trump’s campaign pledge. Trump couldn’t resist his glee. He twittered, “Big legal win,” but failed to mention Curiel’s name. It is the first major legal challenge to the wall under Trump. There will be many others.
U.S. District Judge Gonzalo Curiel rejected arguments by the state of California and advocacy groups. They had said the administration overreached by waiving laws requiring environmental and other reviews before construction can begin.
The plaintiffs in the lawsuit said a 2005 a law that gave the Homeland Security secretary broad authority to waive the reviews had expired. “Wrong” was the answer from Curiel.
He cited another native of California, none other than U.S. Supreme Court Chief Justice John Roberts. He had written in another case that courts should not make policy judgments. Curiel wrote, “The court cannot and does not consider whether the underlying decisions to construct border barriers are politically wise or prudent.”
The politically correct Center for Biological Diversity, one of the plaintiffs, vowed to appeal. One has to wonder where they get the money to pay the immense legal fees. The name George Soros comes to mind.
Ultra-liberal “progressive” California Attorney General Xavier Becerra said, “We will evaluate all of our options and are prepared to do what is necessary to protect our people, our values, and our economy from federal overreach.” Sure you will Xavier. That means millions of Californian tax monies will be put into fighting the decision, whether they like it or not.
Add to liberal Xavier, the Animal Legal Defense Fund, the Sierra Club and other resistant organizations that vow to allow illegals to overwhelm the country’s economy and infrastructure at the expense of their questionable ideology. So far none of the “concerned” groups have expressed their intentions.
Curiel’s decision came days after construction began on a 30-foot (9.1-meter) high barrier in Calexico, California. It is the first of many the administration has promised. The judge said that the law’s lack of specifics prevented him for concluding that the administration failed to properly consult others.
Earlier this month, the Senate rejected an administration-backed plan to link funding and sharp cuts to legal immigration to allowing young immigrants to stay in the country after they were temporarily shielded from deportation under an Obama-era program, Deferred Action for Childhood Arrivals. The Democrats are determined to keep the DACA program separate from any further measures for national security.