Interesting in two ways. There was an article posted not too long ago that the 9th circus was heading for reformation. So maybe those judges made this ruling out of fear for their jobs. Then I put on my tinfoil hat and decided the court reporter intentionally added the brackets because their little lib head was exploding.
Anyway, I took a look at the pdf and it was written with the bracketed s.
A screenshot of my reply box with the quoted text. I highlighted the s.
Removed the brackets.
8 IN RE BORDER INFRASTRUCTURE ENVTL.LITIG. § 102(a).1 The Secretary also “has the authority to waive all legal requirements†that, in the “Secretary’s sole discretion,†are “necessary to ensure expeditious construction†of those barriers and roads. Id. § 102(c)(1).