Eight Democratic Chairmen Provide Notice to File Brief in U.S. Supreme Court
Case Concerns Constitutional Challenge of Waiver Authority to Bypass Laws for Border Fence Construction
FOR IMMEDIATE RELEASE:
Monday, April 07, 2008
Today, Congressman Bennie G. Thompson (D-MS), Chairman of the Committee on Homeland Security led a group of 14 Members of Congress, including eight Committee Chairmen, in submitting a notice of intent to file an Amicus Curiae brief in the Defenders of Wildlife case against the Department of Homeland Security (No. 07-1180). The brief, which will be filed by the end of the month, pertains to Homeland Security Secretary Michael Chertoff’s use of questionable waiver authority to skirt numerous federal laws in order to construct fencing along the southwest border.
The Amici will urge the Supreme Court to grant certiorari in the case. The petitioners, the Defenders of Wildlife and Sierra Club, allege that the Department of Homeland Security’s use of the waiver is unconstitutional.
Today’s notice of intent is being submitted by:
• Homeland Security Committee Chairman Bennie G. Thompson (D-MS);
• Energy & Commerce Committee Chairman John Dingell (D-MI);
• Judiciary Committee Chairman John Conyers (D-MI);
• Transportation & Infrastructure Committee Chairman James Oberstar (D-MN);
• Education and Labor Committee Chairman George Miller (D-CA);
• Rules Committee Chairwoman Louise Slaughter (D-NY)
• Veterans Affairs Chairman Bob Filner (D-CA);
• Intelligence Committee Chairman Silvestre Reyes (D-TX);
• Congressman Solomon Ortiz (D-TX);
• Congresswoman Zoe Lofgren (D-CA);
• Congresswoman Sheila Jackson Lee (D-TX);
• Congresswoman Susan Davis (D-CA);
• Congressman Raul M. Grijalva (D-AZ); and
• Congresswoman Yvette D. Clarke (D-NY).
Speaking to today’s filing, Chairman Thompson noted that “this waiver by the Secretary of Homeland Security is a direct challenge to Congress’s Constitutional role. The American people entrust Congress to ensure that the laws of this land are faithfully executed not excused by the Executive Branch.” Congressman Thompson added that “while the protection of our nation is a paramount concern to all of us, DHS must act prudently and respect the laws that Congress has written. The far-reaching effects that this waiver will have on the institution of Congress, as well as the border, demands that we act swiftly.”
House Judiciary Committee Chairman John Conyers, Jr. (D-MI) added that "our responsibility to be stewards of the earth cannot be thrown aside for the sake of an ill-conceived border fence. The Administration exempts itself from a duty to protect the environment, sacred burial sites, and centuries-old farms, but conveniently spares wealthy landowners from the bulldozers."
“This blanket waiver of laws like the Clean Air Act and the Safe Drinking Water Act is a clear and disturbing abuse of the Secretary’s discretion,” added Rep. John D. Dingell, Chairman of the House Committee on Energy and Commerce. “Congress’ efforts to seek justification for this waiver from DHS have been stonewalled, which leads me to believe none exists.”
“The Department of Homeland Security’s decision to issue waivers to expedite the construction of a wasteful fence along the Southwest border is disappointing at best. As a former Border Patrol Sector Chief and current Chair of the House Intelligence Committee, I know the importance of securing our borders and fully support providing our agents with strong tools to carry out their jobs. I do not, however, support DHS’s continued disregard for border communities. This recent attempt to bypass more than 30 laws and regulations to pursue an already ill-advised idea should not move forward,” added Intelligence Committee Chairman Silvestre Reyes.
The Members are represented by Alan E. Untereiner, Max Huffman, and Alan D. Strasser of Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP in Washington, DC.
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FOR MORE INFORMATION:
Please contact Dena Graziano or Adam Comis at (202) 225-9978.
