Wait a minute I detect an inconsistency - Supreme Court Refuses To Stop Border Fence

One of the consistent complaints I hear about the Bush Administration is that they refuse to secure the border and are not actually building the southern border fence authorized by Congress.

If that's so the where did this case come from?

In the border-fence dispute, the Supreme Court refused, without comment, to put brakes on the Bush administration’s full-speed-ahead approach, waiving the environmental reviews that would normally be required for such a project.

Under the Secure Fence Act of 2006, the Homeland Security Department was authorized by Congress to build up to 700 miles of fence along the 2,000-mile Southwest border, where most illegal immigrants coming into the United States cross over, and Michael Chertoff, the secretary of the department, has several times used waiver authority that Congress included in the act. (The department said 326.5 miles of fencing had been built by June 1.)

...

Opposition to the fence project intensified in April, when Mr. Chertoff issued two waivers covering 470 miles of the border from California to Texas, as well as a separate 22-mile stretch in Hidalgo County, Tex., where the department plans to build fencing up to 18 feet high into a flood-control levee in a wildlife refuge.

The case that the Supreme Court refused to take up on Monday focused on a two-mile stretch of fence in the San Pedro Riparian National Conservation Area near Naco, Ariz. That stretch has since been built.

source

Oh well, it's probably above my pointy headed ability to grasp.

h/t Flopping Aces