Turtle Talk

The case is captioned County of El Paso v. Napolitano (No. 08-751). Ysleta del Sur Pueblo is one of the petitioners. SCOTUSblog has it as one of the “petitions to watch” for the April 17 conference.

From SCOTUSblog:

Docket: 08-751
Title: El Paso, Texas, et al., v. Janet Napolitano, Secretary of Homeland Security, et al.
Issue: Whether the grant of authority to the Secretary of Homeland Security to “waive all legal requirements” necessary to ensure rapid construction of a border fence is an unconstitutional delegation of legislative power or sufficient to preempt state and local law.

• Opinion below (United States District Court for the Western District of Texas)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply brief
• Brief amicus curiae of the City of Eagle Pass and other cities and other affected persons ( in support of petitioners)
• Brief amicus curiae of William D. Araiza and other law professors (in support of petitioners)