Only a week ago on July 26th, Judge Molloy had listened to attorneys for conservation groups who had argued that Congress had violated the Separation of Powers Doctrine and was unconstitutional when they had attached a wolf delisting rider to a budget bill that was passed in April of this year. At issue was a Congressional order that had removed protection of the northern Rockies gray wolves from the Endangered Species Act. This delisting order included the wolves from the states of Montana, Idaho, Washington and Oregon.
On Wed, Aug. 4th Judge Molloy had announced that he had come to a decision. In an 18-page ruling, Judge Molloy rejected the plaintiff's claims of unconstitutionality and instead backed the government's position that the action taken by Congress was legal. This was despite the fact that a clause had been inserted into the rider that said the courts would never be allowed to change this provision. However Judge Molloy went on to say in his ruling that "If I were not constrained by what I believe is binding precedence from the Ninth Circuit," that he would say the rider is "unconstitutional because it violates the Separation of Powers Doctrine." Because of the precedence of that case law he said he did not have the authority to overturn the rule.
So for now the Wolves will stay off the Endangered Species List. Judge Molloy's ruling on this latest question leaves the broader issue in the hands of the Ninth Circuit Court of Appeals. This Court of Appeals is still considering the government's arguments of Molloy's ruling last August of putting the wolves back under federal protection. What it all boils down to is that Montana and Idaho will be able to go forward with their wolf hunts this fall starting at the end of August. "And because of the purely political motives of Congress, the blood of many wolves will now be shed."
On Wed, Aug. 4th Judge Molloy had announced that he had come to a decision. In an 18-page ruling, Judge Molloy rejected the plaintiff's claims of unconstitutionality and instead backed the government's position that the action taken by Congress was legal. This was despite the fact that a clause had been inserted into the rider that said the courts would never be allowed to change this provision. However Judge Molloy went on to say in his ruling that "If I were not constrained by what I believe is binding precedence from the Ninth Circuit," that he would say the rider is "unconstitutional because it violates the Separation of Powers Doctrine." Because of the precedence of that case law he said he did not have the authority to overturn the rule.
So for now the Wolves will stay off the Endangered Species List. Judge Molloy's ruling on this latest question leaves the broader issue in the hands of the Ninth Circuit Court of Appeals. This Court of Appeals is still considering the government's arguments of Molloy's ruling last August of putting the wolves back under federal protection. What it all boils down to is that Montana and Idaho will be able to go forward with their wolf hunts this fall starting at the end of August. "And because of the purely political motives of Congress, the blood of many wolves will now be shed."
Nooooooooo!!!!!!
When will we learn?
bloody disgusted by this GRRRRRRRRRRRR!!!!!!!!!!!!!!!!
As a people we never learn from our past. We don't listen to the wise among us. A sad day for America.
Wish wolf hunters could feel what it's like to be hunted & killed.
I am Tlenaai Wahya (Moon Wolf) and don't think this society we live in will ever know the utter damage that has been done by those we put in office to protect this land. this is another showing that money is the only concern most of them have not the concern for this ECO system that is so very important to our very survival. I am of the Wolf Clan and do know how very important the wolf was in this land from the start. had it not been for the examples shown us by the wolf as far as hunting and other survival ways of the wolf that our people learned from watching the wolf we would not have done so.