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

Filing 90

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Jewish Federation of Greater Seattle. Date of service: 02/06/2017. [10304753] [17-35105]--[COURT UPDATE: Attached separate PDF files of motion and brief. 02/07/2017 by LA] (Udo, Chandler) [Entered: 02/06/2017 11:05 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, et al.,
Defendants-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 BRIEF OF
THE JEWISH FEDERATION OF GREATER SEATTLE
AS AMICUS CURIAE IN SUPPORT OF APPELLEES

Matthew P. Bergman
BERGMAN DRAPER LADENBURG , PLLC
821 Second Avenue, Suite 2100
Seattle, WA 98104
(T) 206-957-9510
(F) 206-957-9549
Attorneys for Amici Curiae

MOTION FOR LEAVE TO FILE BRIEF OF
THE JEWISH FEDERATION OF GREATER SEATTLE
AS AMICI CURIAE IN SUPPORT OF APPELLEES
Pursuant to Rule 29 of the Federal Rules of Appellate Procedure and Circuit
Rule 29-3, The Jewish Federation of Greater Seattle respectfully moves for leave
to file a 10-page amicus curiae brief in support of Appellees’ Opposition to
Appellants’ Emergency Motion for Stay Pending Appeal. Amicus states as follows:
1.

The Jewish Federation of Greater Seattle was founded in 1928 to serve

the Jewish community, locally and around the world. Over its nearly nine decades
of service, helping immigrants and refugees fleeing overseas persecution has been
a central component of the Federation’s mission. In the 1940s, the Federation
worked to rescue and resettle Holocaust survivors; in the 1970s and 1980s, the
community welcomed Russian emigres fleeing Soviet persecution and in the 1990s
and 2000s supported Ethiopian immigrants escaping starvation and civil war on the
Horn of Africa.
2.

The Federation’s work is affected by the Executive Order issued on

January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry into
the United States” (the “Order”).
3.

The Order represents a significant departure from the principles of

compassion, fairness, equity and religious neutrality that have governed the United
States immigration policy for more than fifty years and inflicts significant harm on

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the Seattle Jewish Community as a result. The Order makes it more difficult for
innocent victims of overseas oppression to seek refuge in the United States,
discriminates against asylum seekers who do not subscribe to the Christian faith,
and is not rationally related to the governmental objective of protecting Americans
from terror.
4.

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

explains how the Order will undermine the mission and goals of the Seattle Jewish
Federation and is contrary to law.
5.

Counsel for the State of Washington has consented to the filing of an

amicus brief.
6.

Out of an abundance of caution, amici file this motion to request the

Court’s leave to file a 10-page brief.
7.

Neither the Federal Rules of Appellate Procedure nor this Court’s

Rules clearly authorize the filing of an amicus curiae brief in connection with a
motion for a stay, even when the parties have consented to its filing.
8.

In addition, Fed. R. App. P. 29(a)(5) states that, except with 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. Circuit Rule 27-1(1)(d) does
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.

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Because it is unclear whether Circuit Rule 27-1 limits amici to 10 pages, and
because amici believe that a 10-page brief is warranted in light of the importance
and novelty of the issues presented, amici request the Court’s leave to file a 10page brief.
CONCLUSION
The Jewish Federation of Greater Seattle respectfully requests that the Court
grant its motion for leave to file a 10-page amicus curiae brief and accept for filing
the amicus curiae brief attached as Exhibit A.
Dated: February 6, 2017
Respectfully submitted,
/s/ Matthew P. Bergman
Matthew P. Bergman, WSBA #20894
BERGMAN DRAPER LADENBURG
821 Second Avenue, Suite 2100
Seattle, WA 98104
(T) 206-957-9510
(F) 206-957-9549
Attorneys for Amici Curiae

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CERTIFICATE OF COMPLIANCE
Pursuant to Federal Rule of Appellate Procedure 32(a)(7)(C), the
undersigned counsel certifies that this motion:
(i) complies with the typeface requirements of Rule 32(a)(5) and the type
style requirements of Rule 32(a)(6) because it has been prepared using Microsoft
Office Word 2007 and is set in Times New Roman font in a size equivalent to 14
points or larger and,
(ii) complies with the length requirement of Rule 27(d)(2) because it is 506
words.
Dated: February 6, 2017
Respectfully submitted,
/s/ Matthew P. Bergman
Matthew P. Bergman, WSBA #20894
BERGMAN DRAPER LADENBURG

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CERTIFICATE OF SERVICE AND FILING
I hereby certify that on the 6th day of February 2017, I electronically filed
Motion for Leave to File Brief of The Jewish Federation of Greater Seattle as
Amicus Curiae In Support of Appellees with the Clerk of the Court for the United
States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF
system.
Participants in the case who are registered CM/ECF users will be served by
the appellate CM/ECF system.
Dated: February 6, 2017
Respectfully submitted,
/s/ Matthew P. Bergman
Matthew P. Bergman, WSBA #20894
BERGMAN DRAPER LADENBURG

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Exhibit A