USA v. State of Arizona, et al

Filing 37

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Landmark Legal Foundation. Date of service: 09/02/2010. [7461553] (RPH)

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USA v. State of Arizona, et al Doc. 37 No. 10-16645 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT United States of America, Plaintiff-Appellee, v. State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Defendants-Appellants. Appeal from the United States District Court for the District Of Arizona No. CV-1413-PHX-SRB LANDMARK LEGAL FOUNDATION'S MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE Richard P. Hutchison (Mo. Bar # 34865) LANDMARK LEGAL FOUNDATION 3100 Broadway, Suite 1210 Kansas City, Missouri 64111 Telephone: 816-931-5559 Facsimile: 816-931-1115 Attorney for Amicus Curiae Landmark Legal Foundation Pursuant to Rule 29(a) and (b) of the Federal Rules of Appellate Procedure, movant, Landmark Legal Foundation ("Landmark") respectfully moves the court for leave to participate as amicus curiae and file the accompanying brief in opposition to the Defendant's motion to dismiss. I. INTEREST OF MOVANT Founded in 1976, Landmark is a public is a public interest law firm committed to preserving the principles of limited government, separation of powers, free enterprise, federalism, strict construction of the Constitution and individual rights. Specializing in Constitutional litigation, Landmark maintains offices in Kansas City, Missouri and Leesburg, Virginia. The case before the Court presents important questions pertaining to the scope federal administration's power to pre-empt a state's sovereign police power and the district court's authority to disregard established U.S. Supreme Court, Circuit Court and its own precedent relating to facial constitutional challenges. II. LANDMARK'S PARTICIPATION IS DESIRABLE AND THE MATTERS RAISED IN ITS BRIEF ARE RELEVANT. Landmark Legal Foundation's proposed amicus curiae brief presents this Court with a helpful perspective of the implications this litigation has on state and local law enforcement throughout the country. Landmark's proposed brief demonstrates that the federal administration's attempt to pre-empt the State of 2 Arizona's effort to carry out clear mandates set forth by the Congress in the Immigration and Nationality Act is inappropriate. Moreover, Landmark's amicus brief provides an important and forthright perspective on how the district court's improper application of federal preemption and facial constitutional challenge standards and improper application of statutory construction principles was an abuse of discretion. Finally, movant presents a brief but important historical perspective on the duty and authority retained by the several states for the safety and well-being of its citizens as well as it's legal residents and visitors. As such, Landmark's brief will assist the Court in its consideration of this appeal. III. CONCLUSION WHEREFORE, movant respectfully requests that this court grant the present motion and allow Landmark Legal Foundation to participate as amicus curiae. LANDMARK LEGAL FOUNDATION Dated: September 2, 2010 By: /s/ Richard P. Hutchison Richard P. Hutchison Attorney for Amicus Landmark Legal Foundation 3 CERTIFICATE OF SERVICE I hereby certify that on September 2, 2010 I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the participants in this appeal, all of whom are registered CM/ECF users, and that service will be accomplished by the appellate CM/ECF system. /s/ Richard P. Hutchison Attorney for Amicus Curiae 4

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