High court won't intervene in border fence dispute

By Bill Mears
CNN Supreme Court Producer
WASHINGTON (CNN) - The Supreme Court has rejected for now a look at the legality of a 700-mile fence along the Mexican border, an ongoing state-federal dispute triggered by the politically sensitive issue of illegal immigration.

The justices without comment Monday refused to hear an appeal from officials in El Paso, Texas, and a coalition of private groups who are upset at a 2005 federal law authorizing the "secure fence" along key corridors of the United States' southwest border. The structure is nearing completion.

At issue is whether the homeland security secretary has unilateral authority to "waive all legal requirements" necessary to ensure rapid construction of the barrier, without an opportunity for judicial review. That power to bypass any environmental and state regulations prompted a number of lawsuits by local governments and advocacy groups.

The high court a year ago refused to intervene in a related appeal from two environmental organizations who said the fence would have devastating effects on southern California wetlands.