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

Filing 62

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Center for Law and Justice. Date of service: 02/06/2017. [10303974] [17-35105]--[COURT UPDATE: Updated docket text to reflect content of filing. 02/06/2017 by LA]--[COURT UPDATE: Attached corrected motion. 02/07/2017 by SLM] (Zimmerman, Erik) [Entered: 02/06/2017 02:13 PM]

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.
On Motion for a Stay Pending Appeal of a Temporary
Restraining Order Issued by the United States District Court
for the Western District of Washington
Case No. 2:17-cv-00141, Hon. James L. Robart
MOTION OF THE AMERICAN CENTER FOR LAW AND JUSTICE
FOR LEAVE TO FILE ITS AMICUS CURIAE BRIEF
IN SUPPORT OF DEFENDANTS-APPELLANTS’ MOTION FOR A STAY
ERIK ZIMMERMAN
AMERICAN CENTER FOR LAW
AND JUSTICE
3001 Plymouth Road, Suite 203
Ann Arbor, Michigan 48105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

JAY ALAN SEKULOW
Counsel of Record
AMERICAN CENTER FOR LAW
AND JUSTICE
201 Maryland Avenue, NE
Washington, D.C. 20002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

AND NOW COMES Movant, the American Center for Law and Justice
(“ACLJ”), by and through its undersigned counsel, and respectfully files this
Motion for Leave to File its Amicus Curiae Brief in support of DefendantsAppellants’ motion for a stay of the Temporary Restraining Order. A copy of the
proposed brief has been submitted with this Motion.
I.

PARTIES’ POSITION ON THIS MOTION
Pursuant to Circuit Rule 29-3, Movant certifies that it endeavored to obtain

the consent of all parties to the filing of the Motion. Movant sent electronic
correspondence to counsel for Plaintiffs-Appellees and for Defendants-Appellants.
Counsel for the Plaintiffs-Appellees the State of Washington and State of
Minnesota consented to the filing of the attached amicus brief. Counsel for
Intervenor-Plaintiff were also sent electronic correspondence, and deferred to
Washington and Minnesota. As of the time of this filing, Defendants-Appellants’
counsel has not responded to Movant’s request.1
II.

INTEREST OF THE MOVANT
Movant, the American Center for Law and Justice, is an organization

dedicated to the defense of constitutional liberties secured by law. Counsel for the
ACLJ have presented oral argument, represented parties, and submitted amicus
1

Pursuant to Federal Rule of Appellate Procedure 29(a)(4)(E), amicus affirm that no counsel for
a party authored this brief in whole or in part and that no person other than the amici, their
members, or their counsel has made any monetary contributions intended to fund the preparation
or submission of this brief.

1

briefs before the United States Supreme Court and numerous state and federal
courts around the country in cases concerning the First Amendment and
immigration law, including FEC v. Wisconsin Right to Life, 551 U.S. 449 (2007),
McConnell v. FEC, 540 U.S. 93 (2003), and United States v. Texas, 136 S. Ct.
2271 (2016). The ACLJ has been active in advocacy and litigation concerning the
need for protecting the Constitution, the separation of powers, and the immigration
laws in place that protect American Citizens from harm.
Movant believes it can offer this Court information or perspective that will
assist it in deciding the pending issues. Therefore, Movant respectfully submits that
its participation as amicus curiae will aid the Court in resolving this case and
requests that this Court grant its motion for leave to appear as amicus curiae and to
accept for filing its amicus curiae brief.
III.

MOVANT’S BRIEF IS TIMELY AND USEFUL
DISPOSITION OF THE ISSUES BEFORE THE COURT.

TO

THE

Movant has submitted its amicus curiae brief along with this motion prior to
the deadline set for Defendants-Appellants to conclude their briefing and counsel
for all Plaintiffs-Appellees have consented to the filing of the attached amicus
brief. This brief complies with pertinent Circuit Rules and Federal Rule of
Appellate Procedure 29.

2

The issues presented before this Court are complex matters of constitutional
and national security law. The ACLJ’s team of constitutional lawyers are uniquely
situated to provide insight into the matters now before this Court.
IV.

CONCLUSION
Movant respectfully requests that this Court grant this motion, allow it to

participate as amicus curiae, and accept for filing the amicus curiae brief
submitted herewith.
Dated:

February 6, 2017.

/s/ Erik Zimmerman
ERIK ZIMMERMAN
AMERICAN CENTER FOR LAW
AND JUSTICE
3001 Plymouth Road, Suite 203
Ann Arbor, Michigan 48105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

Respectfully submitted,
JAY ALAN SEKULOW
Counsel of Record
AMERICAN CENTER FOR LAW
AND JUSTICE
201 Maryland Avenue, NE
Washington, D.C. 20002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

3

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion of the
American Center for Law and Justice for Leave to File its Amicus Curiae Brief and
the proposed Brief of Amicus Curiae were electronically filed with the Clerk of
Court for the United States Court of Appeals for the Ninth Circuit on February 6,
2017, using CM/ECF, which will send notification of such filing to counsel of
record.
Dated:

February 6, 2017.

Respectfully submitted,
/s/ Erik Zimmerman
ERIK ZIMMERMAN
AMERICAN CENTER FOR LAW
AND JUSTICE
3001 Plymouth Road, Suite 203
Ann Arbor, Michigan 48105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae