United States of America v. State of California et al

Filing 109

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Tahirih Justice Center (and associated parties). (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Proposed Order)(Gorelick, Jamie) Modified on 5/21/2018 (Benson, A.).

1
2
3
4
5
6
7
8
9
10

JAMIE S. GORELICK (pro hac vice)
[e-mail]
CATHERINE M.A. CARROLL
[e-mail]
CHRISTOPHER E. BABBITT (SBN: 225813)
[e-mail]
CLAIRE M. BERGERON
[e-mail]
SHEILA E. MENZ
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
Telephone: [phone]
Facsimile: 202 663 6363
Attorneys for Amici Curiae

11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13

SACRAMENTO DIVISION

14
15

THE UNITED STATES OF AMERICA,

16
17
18
19
20
21
22

Case No. 2:18-cv-00490-JAM-KJN

Plaintiff,
v.
THE STATE OF CALIFORNIA; EDMUND
GERALD BROWN JR., GOVERNOR OF
CALIFORNIA, IN HIS OFFICIAL
CAPACITY; AND XAVIER BECERRA,
ATTORNEY GENERAL OF CALIFORNIA,
IN HIS OFFICIAL CAPACITY,
Defendants.

23
24

UNOPPOSED MOTION FOR LEAVE TO
FILE BRIEF AMICI CURIAE FOR
TAHIRIH JUSTICE CENTER, ET AL., IN
SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION AND
DEFENDANTS’ MOTION TO DISMISS;
[PROPOSED] ORDER
Hearing Date: June 20, 2018
Hearing Time: 10:00 a.m.
Location:
Courtroom 6
Judge: Hon. John A. Mendez
Action Filed: March 6, 2018

25
26
27
28
Case No. 2:18-cv-00490-JAM-KJN

Motion for Leave to File Brief Amici
Curiae for Tahirih Justice Center, et al.

MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE

1
2

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

3

PLEASE TAKE NOTICE THAT the Tahirih Justice Center (“Tahirih”), and additional amici

4

ASISTA, Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, and

5

Immigration Center for Women and Children hereby request permission to file the attached

6

amicus brief in support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

7
Injunction and Defendants’ Motion to Dismiss in the action filed by Plaintiff the United States of

8

America (Case No. 2:18-cv-00490-JAM-KJN). The proposed amicus brief is attached to this

9
10

motion as Exhibit 1. Both Plaintiff and Defendants consent to the filing of this brief. A list of all

11

amici appears in Appendix 1 to the brief. A proposed order is attached to this motion as Exhibit

12

2.

13

I.

STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE

14

The District Court, in its discretion, may accept amicus curiae briefs “concerning legal issues

15

that have potential ramifications beyond the parties directly involved or if the amicus has unique

16
17

information or perspective that can help the court beyond the help that the lawyers for the parties

18

are able to provide.” Safari Club Intern v. Harris, 2015 WL 1255491 at *1 (E.D. Cal. Jan. 14,

19

2015) (citation and internal quotation marks omitted).

20
21
22
23
24

II.

STATEMENT AND IDENTITY OF INTEREST OF AMICI CURIAE
Tahirih is the largest multi-city direct services and policy advocacy organization specializing
in assisting immigrant women and girls who survive gender-based violence, including human
trafficking, forced labor, domestic violence, rape and sexual assault, and female genital

25

cutting/mutilation. Tahirih serves clients at five local offices, including in San Francisco, and to

26

date, has provided free legal assistance to more than 25,000 individuals. The additional amici,

27

ASISTA, Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, and

28

Immigration Center for Women and Children, include immigration service providers that serve
Case No. 2:18-cv-00490-JAM-KJN
2
Motion for Leave to File Brief Amici
Curiae for Tahirih Justice Center, et al.

immigrant women survivors of gender-based crimes in California, as well as national policy

1
2

organizations that advocate for legal and other protections for survivors of gender-based crimes

3

in the United States.

4

III.

5
6

AMICI’S PERSPECTIVE WILL BENEFIT THE COURT
Based on their extensive work with survivors of gender-based violence, amici have special

insight into the ways in which the challenged California laws, S.B. 54, A.B. 103, and A.B. 450,

7
8
9

promote the safety of immigrant survivors and improve community safety, by encouraging survivors
to report gender-based violence and other criminal activity that may threaten society at large. Amici

10

also have a unique understanding of the harms that an injunction of these laws would cause

11

immigrant women and girls who are survivors of gender-based violence. The public safety concerns

12

which prompted the California legislature to adopt S.B. 54, A.B. 103, and A.B. 450 apply with

13
14
15
16
17
18

unique force to immigrant women who are survivors of gender-based violence, as amici’s brief
explains.
IV.

CONCLUSION
Accordingly, the Tahirih Justice Center, et al., request leave to file the attached brief amici
curiae in this action.

19
20
21
22
23
24
25
26
27
28
Case No. 2:18-cv-00490-JAM-KJN

3

Motion for Leave to File Brief Amici
Curiae for Tahirih Justice Center, et al.

1

DATED: May 18, 2018

Respectfully submitted,

2
By: /s/JAMIE S. GORELICK
JAMIE S. GORELICK (pro hac vice)
[e-mail]
CATHERINE M.A. CARROLL
[e-mail]
CHRISTOPHER E. BABBITT (SBN: 225813)
[e-mail]
CLAIRE M. BERGERON
[e-mail]
SHEILA E. MENZ
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
Telephone: [phone]
Facsimile: 202 663 6363

3
4
5
6
7
8
9
10
11

Attorneys for Amici Curiae

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 2:18-cv-00490-JAM-KJN

4

Motion for Leave to File Brief Amici
Curiae for Tahirih Justice Center, et al.

CERTIFICATE OF SERVICE

1
2

I hereby certify that on May 18, 2018, I electronically filed the above document with the

3

Clerk of the Court using CM/ECF which will send electronic notification of such filing to all

4

registered counsel.

5
6

By: /s/ JAMIE S. GORELICK
JAMIE S. GORELICK

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 2:18-cv-00490-JAM-KJN

5

Motion for Leave to File Brief Amici
Curiae for Tahirih Justice Center, et al.