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

Filing 58

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Massachusetts, Pennsylvania, New York, California, Connecticut, Delaware, District of Columbia, Iowa, Illinois, Maryland, Maine, New Mexico, Oregon, Rhode Island, Virginia, and Vermont. Date of service: 02/06/2017. [10303835] [17-35105]--[COURT UPDATE: Attached corrected PDFs with signatures added, resent notice. 02/07/2017 by LA] (Nadeau, Genevieve) [Entered: 02/06/2017 01:32 PM]

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
______________________________________________
United States District Judge James L. Robart
Case No. 2:17-cv-00141-JLR
______________________________________________
MOTION FOR LEAVE TO FILE 20-PAGE MEMORANDUM OF LAW BY
AMICI CURIAE STATES IN SUPPORT OF PLAINTIFFS-APPELLEES
______________________________________________
MAURA HEALEY
Attorney General
Commonwealth of Massachusetts

By:
Dated: February 6, 2017

GENEVIEVE C. NADEAU
Assistant Attorney General
One Ashburton Place
Boston, MA 02108
[e-mail]

[phone]

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.
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.

The full list of amici in addition to New York is: California, Connecticut,
Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, Oregon,
Pennsylvania, Rhode Island, Vermont, and Virginia, and the District of Columbia.

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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.
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.

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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

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

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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

ELLEN F. ROSENBLUM
Attorney General
State of Oregon
1162 Court Street N.E.
Salem, OR 97301

KARL A. RACINE
Attorney General
District of Columbia
Suite 1100 South
441 4th Street, NW
Washington, DC 20001

PETER F. KILMARTIN
Attorney General
State of Rhode Island
150 South Main Street
Providence, RI 02903

Dated: February 6, 2017

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