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

Filing 43

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Constitutional Scholars. Date of service: 02/06/2017. [10303342] [17-35105] (Shields, Rasha) [Entered: 02/06/2017 11:01 AM]

No. 17-35105
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF WASHINGTON, et al.,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, President of the United States, et al.,
Defendants-Appellants.

From the United States District Court, Western District of Washington
The Honorable James L. Robart, Case No. C17-0141JLR
MOTION FOR LEAVE TO FILE BRIEF OF CONSTITUTIONAL
SCHOLARS AS AMICI CURIAE IN SUPPORT OF APPELLEES

JONES DAY
Meir Feder
250 Vesey Street
New York, NY 10281
Telephone: [phone]
Rasha Gerges Shields
Erna Mamikonyan
555 South Flower Street, 50th Floor
Los Angeles, CA 90071
Telephone: [phone]

Of Counsel:
Kristin Collins
Judith Resnik
Stephen I. Vladeck
Burt Neuborne

Counsel for Amici Curiae
Constitutional Scholars

MOTION FOR LEAVE TO FILE BRIEF OF CONSTITUTIONAL
SCHOLARS AS AMICI CURIAE IN SUPPORT OF APPELLEES
Kristin Collins, Judith Resnik, Stephen I. Vladeck, and Burt Neuborne
(collectively, “Amici”) respectfully move for leave to file an amicus curiae brief in
support of Appellees’ Response to the Government’s Emergency Motion for Stay
Pending Appeal. Counsel for all parties have consented to the filing of an amicus
brief; however, out of an abundance of caution, Amici file this motion to request
the Court’s leave to file an amicus brief by 11:00 a.m. on February 6, 2007. Amici
state as follows:
1.

Amici are professors of law who are in the course of preparing a brief

in a related matter on behalf of a larger group of scholars of federal constitutional
law, federal court jurisdiction, immigration and citizenship. Amici are concerned
about the constitutional implications of the Executive Order issued on January 27,
2017, entitled “Protecting the Nation from Foreign Terrorist Entry into the United
States.” Amici are particularly concerned with the Government’s disturbing claim
that the Executive Order is effectively beyond the reach of the Constitution and the
courts.
2.

The proposed amicus brief, attached to this motion as Exhibit A,

explains how the President’s authority to restrict admission to the United States is
not unfettered—it is limited by the Constitution.

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3.

Although it is our understanding that all parties consented to the filing

of an amicus brief, amici file this motion out of an abundance of caution because
the filing of an amicus brief in connection with a motion for a stay is not clearly
authorized under the Federal Rules of Appellate Procedure or this Court’s Rules,
even when the parties have consented to this filing.
4.

Moreover, with respect to amicus briefs filed in connection with

initial consideration of a case on the merits, Rule 29(a)(6) of the Federal Rules of
Appellate Procedure requires that amicus briefs be filed no later than 7 days after
the principal brief of the party being supported is filed. In light of the expedited
briefing schedule on the Government’s emergency motion, it is unclear when all
amicus briefs are due. The Court ordered that Appellees file their opposition by
1:00 a.m. on February 6, 2017, and Appellants file their reply by 3:00 p.m. on
February 6, 2017. Out of an abundance of caution, amici request leave to file their
amicus brief within 10 hours after Appellees’ brief was filed, by 11:00 a.m. on
February 6, 2017.

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CONCLUSION
Amici respectfully request that this Court grant them leave to file the amicus
brief attached hereto as Exhibit A.
Dated: February 6, 2017

Respectfully submitted,
JONES DAY
/s/ Meir Feder
Meir Feder
Nicole Henning
250 Vesey Street
New York, NY 10281
Telephone: [phone]
Rasha Gerges Shields
Erna Mamikonyan
555 South Flower Street, 50th Floor
Los Angeles, CA 90071
Telephone: [phone]
Counsel for Amici Curiae
Constitutional Scholars
Of counsel:
Kristin Collins
Judith Resnik
Stephen I. Vladeck
Burt Neuborne

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