International Refugee Assistance Project v. Trump

Filing 159

MOTION by Lawyers' Committee for Civil Rights Under Law (Amicus); Center for Reproductive Rights (Amicus); Southern Coalition for Social Justice (Amicus); National Center for Lesbian Rights (Amicus); Judge David L. Bazelon Center for Mental Health Law (Amicus) to file amicus curiae brief (FRAP 29(e)) with consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 04/19/2017 ecf. [1000064985] [17-1351] Alan Kabat

Download PDF
Case No. 17-1351 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT INTERNATIONAL REFUGEE ASSISTANCE PROJECT, ET AL., Plaintiffs and Appellees, v. DONALD J. TRUMP, ET AL., Defendants and Appellants. Appeal from the United States District Court for the District of Maryland, No. 17-cv-00361 (Chuang, J.) UNOPPOSED MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF APPELLEES FOR AFFIRMANCE OF PRELIMINARY INJUNCTION AND IN OPPOSITION TO APPELLANTS’ MOTION FOR A STAY BERNABEI & KABAT, PLLC Lynne Bernabei (Bar No. 938936) bernabei@bernabeipllc.com Alan R. Kabat (Bar No. 464258) kabat@bernabeipllc.com 1775 T Street, N.W. Washington, D.C. 20009-7102 (202) 745-1942 (202) 745-2627 (Fax) MUNGER, TOLLES & OLSON LLP Ted G. Dane Thomas P. Clancy 350 South Grand Avenue, 50th Floor Los Angeles, California 90071-3426 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Attorneys for Amici Curiae Lawyers’ Committee for Civil Rights under Law; Center for Reproductive Rights; Southern Coalition for Social Justice; National Center for Lesbian Rights; The Judge David L. Bazelon Center for Mental Health Law; Chicago Lawyers’ Committee for Civil Rights under Law; Mississippi Center for Justice; and The Washington Lawyers’ Committee for Civil Rights and Urban Affairs -2- On behalf of Amici the Lawyers’ Committee for Civil Rights Under Law, the Center for Reproductive Rights, the Chicago Lawyers’ Committee for Civil Rights Under Law, The Judge David L. Bazelon Center for Mental Health Law, the Mississippi Center for Justice, the National Center for Lesbian Rights, the Southern Coalition for Social Justice, and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, we seek the Court’s permission to file a brief of amici curiae in support of Appellees, in opposition to Appellants’ motion for a stay and on the merits. The parties consent to the filing of the proposed amici brief, which accompanies this motion. As set forth below, amici are national and regional civil rights groups interested in the promotion of civil liberties throughout the country, and elimination of discrimination in whatever form: 1. The Lawyers’ Committee for Civil Rights Under Law (“Lawyers’ Committee”) is a nonprofit civil rights organization founded in 1963 by the leaders of the American bar to help defend the civil rights of racial minorities and the poor. The Lawyers’ Committee has decades of experience combating official discrimination, of the sort at issue in this case, in courts all over the country, including the U.S. Court of Appeals for the Fourth Circuit, and currently represents the plaintiffs in a similar case, Pars et al. v Trump et al., 17-cv-00255 (D.D.C. filed Feb. 8, 2017). -3- 2. The Center for Reproductive Rights (CRR) is a global human rights organization that uses the law to advance reproductive freedom as a fundamental right that all governments are legally obligated to respect, protect, and fulfill. In the United States, CRR’s work focuses on ensuring that all people have access to a full range of high-quality reproductive health care. Since its founding in 1992, CRR has been actively involved in nearly all major litigation in the U.S. concerning reproductive rights, in both state and federal courts, including most recently, serving as lead counsel for the plaintiffs in Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016). As a rights-based organization, the Center has a vital interest in protecting individuals endeavoring to exercise their fundamental rights free from unwarranted government intrusion and discrimination. CRR’s ability to bring litigation challenging executive and regulatory action, and to seek relief where individuals are threatened with irreparable harm, is crucial to its mission. 3. The Southern Coalition for Social Justice is a 501(c)(3) nonprofit public interest law organization founded in 2007 in Durham, North Carolina. SCSJ partners with communities of color and economically disadvantaged communities in the south to advance their political, social, and economic rights through the combination of legal advocacy, research, organizing and communications. Originally, one of amicus’ primary practice areas was -4- immigrants’ rights and it remains important to our mission. SCSJ frequently advocates on behalf of immigrants who have been subject to raciallydiscriminatory governmental practices, and promotes the application of basic human rights principles to policies affecting migrant communities. 4. The National Center for Lesbian Rights (NCLR) is a national non- profit legal organization dedicated to protecting and advancing the civil rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. Since its founding in 1977, NCLR has played a leading role in combating discrimination and securing fair and equal treatment for LGBT people and their families in cases across the country involving constitutional and civil rights. NCLR has a particular interest in protecting the rights of LGBT immigrants and other immigrants to this country. Since 1994, NCLR’s Immigration Project has provided free legal assistance to thousands of LGBT immigrants nationwide through, among other services, direct representation of immigrants in impact cases and individual asylum cases and advocacy for immigration and asylum policy reform. 5. The Judge David L. Bazelon Center for Mental Health Law is a national public interest organization founded in 1972 to advance the rights of individuals with mental disabilities. The Bazelon Center advocates for laws and policies that provide people with mental illness or intellectual disability the -5- opportunities and resources they need to participate fully in their communities. Its litigation and policy advocacy is based on the Americans with Disabilities Act’s guarantees of non-discrimination and reasonable accommodation. People with mental illness or intellectual disability commonly face discrimination based on myths and stereotypes, and the eradication of such discrimination is among the Bazelon Center’s primary goals. 6. The Chicago Lawyers’ Committee for Civil Rights (CLCCR) is a 501(c)(3) nonprofit public interest law organization founded in 1969. CLCCR works to secure racial equity and economic opportunity for all. CLCCR provides legal representation through partnerships with the private bar, and collaborates with grassroots organizations and other advocacy groups to implement communitybased solutions that advance civil rights. In all practice areas, including education equity, fair housing, economic opportunity, hate crime prevention and voting rights, CLCCR advocates for immigrants who have been subject to raciallydiscriminatory governmental practices and policies. CLCCR’s goal is to ensure that America fulfills its promise of democracy and equal justice for all. 7. Mississippi Center for Justice is a 501(c)(3) nonprofit public interest law organization founded in 2003 in Jackson, Mississippi and committed to advancing racial and economic justice. Supported and staffed by attorneys and other professionals, the Center develops and pursues strategies to combat -6- discrimination and poverty statewide. One of amicus’ original areas of interest involved predatory loan practices directed at migrant poultry workers, and MCJ has remained concerned about the plight of Mississippi’s growing immigrant population for the last decade, particularly in the areas of access to healthcare, education, housing and fair lending. 8. The Washington Lawyers’ Committee for Civil Rights and Urban Affairs is a non-profit civil rights organization established to eradicate discrimination and poverty by enforcing civil rights laws through litigation. In furtherance of this mission, the Washington Lawyers’ Committee has a dedicated Immigrant Rights Project, which has served as a critical resource for some of the most vulnerable populations in the Washington, D.C. area: newcomers and nonEnglish speakers, who are often discriminated against on the basis of their religious background or national origin, and who are often unaware of their rights and protections under U.S. law. This case, and several other related cases that seek to enjoin President Trump’s March 6, 2017 Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” are important, and the participation of Civil Rights Organizations is desirable. The Amici are national and regional civil rights groups interested in the promotion of civil liberties throughout the country, and elimination of discrimination in whatever form. Amici’s proposed brief presents -7- two arguments. First, amici submit that the public interest weighs heavily in favor of enjoining President Trump’s Executive Order, as the Order improperly promotes social categorization and stereotyping that endangers the lives and well-being of individuals of the Muslim faith. Second, this compelling public interest is entirely in keeping with the legal protections that the United States Constitution guarantees those affected by the Order. As Plaintiffs-Appellees contend, the Executive Order’s focus on a religious minority demands strict scrutiny by this Court of whether it violates the equal protection component of the Fifth Amendment’s Due Process Clause. However, even if this court were to review the Executive Order under a “rational basis” test, amici write separately to argue that the Order would still violate equal protection. The attached proposed amici brief complies with the type-volume limitation for an amicus brief on the merits, because it contains less than half of the 13,000 words allotted for Appellants’ opening brief. All parties consent to filing of the proposed amicus brief. -8- Respectfully submitted, DATED: April 19, 2017 /s/ Lynne Bernabei Lynne Bernabei bernabei@bernabeipllc.com Alan R. Kabat kabat@bernabeipllc.com BERNABEI & KABAT, PLLC 1775 T Street, N.W. Washington, D.C. 20009-7102 (202) 745-1942 (202) 745-2627 (Fax) Ted G. Dane Ted.Dane@mto.com Thomas P. Clancy Thomas.Clancy@mto.com MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue Fiftieth Floor Los Angeles, California 90071 Telephone: (213) 683-9100 Facsimile: (213) 683-5137 Counsel for Amici Curiae -9- CERTIFICATE OF COMPLIANCE This motion complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because it uses a proportionally spaced typeface (Times New Roman) in 14-point. /s/ Alan R. Kabat __________________ Alan R. Kabat - 10 - CERTIFICATE OF SERVICE I hereby certify that on April 19, 2017, I electronically filed the foregoing document with the Clerk of the Court for the United States Court of Appeals for the Fourth Circuit by using the appellate CM/ECF system. Participants in the case are registered CM/ECF users, and service will be accomplished by the appellate CM/ECF system. /s/ Alan R. Kabat __________________ Alan R. Kabat -1-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?