Rule of law? How Quaint! (‘Real-ID’ remix)
The Evil Party, not being satisfied with putting the whoppingly ineffective "Real-ID" bill into their omnibus graft for friends of the B*sh junta spending bill, also stapled their little "The rule of law is for sissies" bill onto it.
Now, you might think that having the police asking for your papers is offensive enough, but it's really pretty small potatoes in the grand scheme of things. Waving the magic "no judicial review" wand over the DHS has the potential of being far more interesting, if you use the definition of interesting that's contained within the saying Absolute Power Corrupts Absolutely:
Ars Technica helpfully quotes the relevant parts of the bill:
Section 102 of the IIRIRA generally provides for construction and strengthening of barriers along U.S. land borders and specifically provides for 14 miles of barriers and roads along the border near San Diego, beginning at the Pacific Ocean and extending eastward. IIRIRA § 102(c) provides for a waiver of the Endangered Species Act of 1973 (ESA)45 and the National Environmental Policy Act of 1969 (NEPA)46 to the extent the Attorney General determines is necessary to ensure expeditious construction of barriers and roads...
H.R. 418 [the Real ID Act of 2005] would provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along the border. H.R. 418 would require the Secretary of Homeland Security to waive any and all laws that he determines necessary, in his sole discretion, to ensure the expeditious construction of barriers and roads under IIRIRA § 102...
Section 102 of H.R. 418 would amend the current provision to require the Secretary of Homeland Security to waive any law upon determining that a waiver is necessary for the expeditious construction of the border barriers. Additionally, it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensation or injunction or other remedy for damages alleged to result from any such decision or action.
Spot the hole that a dilettante dictator could easily drive a tank battallion through.
Since I've been commenting on the corruption of the Evil Party for the last 30 or so years, let me take this opportunity to say "Told you so!".