Here is today’s order list, and commentary on El Paso v. Napolitano from SCOTUSblog:
The Court took no action on a new attempt to challenge the constitutionality of the sweeping powers Congress gave to the federal government in 2005 to set aside federal, state and local laws that may get in the way of building a 700-mile-long “secure fence” along the U.S.-Mexico border. The Court turned down the first test, last June. The new case is El Paso County, et al., v. Napolitano (08-751). The dispute could present the Court with an opportunity to make use of the rare power to strike down a federal law on the theory that Congress had given away too much of its legislative power to the Executive Branch. That power has not been used for 74 years.
The cert petition is here. Ysleta del Sur Pueblo is a petitioner.
Turtle Talk 