Dogs, Dogs, & More Dogs

Apparently, the government must be having problems proving the reliability of its dogs because it has now gotten the 9th Circuit to declare that the 4th Amendment doesn't apply when people cross the border. The government was using dogs to provide the requisite indicia of illegal activity but pushed to have the 4th entirely invalidated.

Y'know, I remember the courts having the ability to interpret the constitution but I just can't find the grant of authority to abrogate it.