State of Washington, et al v. Donald J. Trump, et al

Filing 103

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Massachusetts, Pennsylvania, New York, California, Connecticut, Delaware, Iowa, Illinois, Maine, Maryland, New Hampshire, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and the District of Columbia. Date of service: 02/07/2017. [10305544] [17-35105] (Nadeau, Genevieve) [Entered: 02/07/2017 12:09 PM]

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No. 17-35105 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF WASHINGTON, et al., Plaintiffs-Appellees, v. DONALD TRUMP, President of the United States, et al., Defendant-Appellants. On Appeal from an Order of the United States District Court for the Western District of Washington AMENDED MOTION FOR LEAVE TO FILE 20-PAGE BRIEF BY AMICI CURIAE STATES IN SUPPORT OF PLAINTIFFS-APPELLEES ERIC T. SCHNEIDERMAN Attorney General State of New York 120 Broadway, 25th Floor New York, NY 10271 (212) 416-8921 JOSH SHAPIRO Attorney General Commonwealth of Pennsylvania Strawberry Square, 15th Floor Harrisburg, PA 17120 MAURA HEALEY Attorney General Commonwealth of Massachusetts GENEVIEVE C. NADEAU Assistant Attorney General One Ashburton Place Boston, MA 02108 (617) 963-2121 Dated: February 7, 2017 Amici curiae States submit this amended motion to account for the addition of two states to our brief. The amendments to this motion and the attached brief include changes only to the cover and signature pages, as well as internal lists of the signatory states. Neither the substance of this motion, nor the substance of the attached brief, have been changed. Pursuant to Rule 29 of the Federal Rules of Appellate Procedure and Circuit Rule 29(a)(5), amici curiae States1, by and through undersigned counsel, respectfully move for leave to file a 20-page, or 5,600 word, memorandum of law in support of Appellees’ Opposition to Appellants’ Emergency Motion for Stay Pending Appeal. The Amici state as follows: 1. Amici are many States within the United States which are harmed by the Executive Order issued on January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Executive Order”). 2. The Executive Order inflicts significant harm on States across the Country, including upon the Amici. It harms, among other things, state colleges and universities, state medical institutions, and state tax revenues from students, tourists and business visitors. The full list of amici is: California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia, and the District of Columbia. 1 1 3. The proposed amicus response explains that States have standing to challenge the Executive Order in light of the harm it inflicts on them and that Appellants’ Emergency Motion for Stay should be denied because granting it would not preserve the status quo and would cause further chaos. 4. Though no such consent is required for States under Fed. R. App. P. 29(a)(2), counsel for Appellants and Appellees both have consented to the filing of an amicus response. 5. Because of the number of different States involved in this response and the desire of each to detail specific harm to it caused by the Executive Order as well as to fully brief the issues therein, the Amici have required additional space. 6. Fed. R. App. P. 29(a)(5) states that, “[e]xcept by the Court’s permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party’s principal brief.” Fed. R. App. P. 27 and Circuit Rule 27-1(1)(d) do not speak in terms of “briefs,” instead stating that, except with the Court’s permission, “a motion or response to a motion may not exceed 20 pages,” or 5,600 words pursuant to Circuit Rule 32-3(2). If the Rule 29 language applies to a response to a motion, an amicus would be limited to 10 pages, or 2,800 words. 2 7. Out of an abundance of caution, the Amici file this motion to request the Court’s leave to file a 20-page (or 5,600-word) memorandum of law under the provisions of Rule 27, Circuit Rule 27-1, and Circuit Rule 32-3(2) 8. Amici believe that a 20-page memorandum is necessary to detail the specific harm caused by the Executive Order to a number of different States and is warranted in light of the importance and novelty of the issues presented. 9. Accordingly, Amici respectfully request that the Court grant this motion and permit the Amici leave to file a 20-page memorandum of law. Respectfully submitted, ERIC T. SCHNEIDERMAN Attorney General State of New York BARBARA D. UNDERWOOD Solicitor General ANISHA S. DASGUPTA Deputy Solicitor General 120 Broadway, 25th Floor New York, NY 10271 /s/ Genevieve C. Nadeau x MAURA HEALEY Attorney General Commonwealth of Massachusetts ELIZABETH N. DEWAR GENEVIEVE C. NADEAU JONATHAN B. MILLER Assistant Attorneys General One Ashburton Place Boston, MA 02108 JOSH SHAPIRO Attorney General Commonwealth of Pennsylvania JONATHAN SCOTT GOLDMAN Executive Deputy Attorney General Civil Law Division Strawberry Square, 15th Floor Harrisburg, PA 17120 XAVIER BECERRA Attorney General State of California Suite 11000 455 Golden Gate Avenue San Francisco, CA 94102 LISA MADIGAN Attorney General State of Illinois 100 West Randolph Street, 12th Floor Chicago, IL 60601 3 GEORGE JEPSEN Attorney General State of Connecticut 55 Elm Street Hartford, CT 06106 THOMAS J. MILLER Attorney General State of Iowa 1305 E. Walnut Street Des Moines, IA 50319 MATTHEW P. DENN Attorney General State of Delaware Carvel State Building, 6th Floor 820 North French Street Wilmington, DE 19801 JANET T. MILLS Attorney General State of Maine 6 State House Station Augusta, ME 04333 BRIAN E. FROSH Attorney General State of Maryland 200 Saint Paul Place, 20th Floor Baltimore, MD 21202 THOMAS J. DONOVAN, JR. Attorney General State of Vermont 109 State Street Montpelier, VT 05609 HECTOR BALDERAS Attorney General State of New Mexico 408 Galisteo Street Santa Fe, NM 87501 MARK R. HERRING Attorney General State of Virginia 202 North 9th Street Richmond, VA 23219 JOSH STEIN Attorney General State of North Carolina 9001 Mail Service Center Raleigh, NC 27699 KARL A. RACINE Attorney General District of Columbia Suite 1100 South 441 4th Street, NW Washington, DC 20001 ELLEN F. ROSENBLUM Attorney General State of Oregon 1162 Court Street N.E. Salem, OR 97301 JOSEPH A. FOSTER Attorney General State of New Hampshire 33 Capitol Street Concord, NH 03301 PETER F. KILMARTIN Attorney General State of Rhode Island 150 South Main Street Providence, RI 02903 Dated: February 7, 2017 4 CERTIFICATE OF SERVICE I, Genevieve C. Nadeau, hereby certify that a true copy of the above document, filed through the CM/ECF system, will be sent electronically to the registered participants as identified on the Notice of Electronic Filing and paper copies will be sent to those indicated as non-registered participants on this date. Dated: February 7, 2017 /s/ Genevieve C. Nadeau Genevieve C. Nadeau 5 x

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