United States of America v. State of California et al

Filing 113

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by California State Senate. Attorney Almadani, Monica Ramirez added. (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Brief)(Almadani, Monica) Modified on 5/21/2018 (Benson, A.).

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Eric H. Holder, Jr.
David M. Zionts
Ivano M. Ventresca
COVINGTON & BURLING LLP
850 10th Street N.W.
Washington, D.C. 20001
[e-mail]
[phone]
Daniel N. Shallman, SBN 180782
Mónica Ramírez Almadani, SBN 234893*
COVINGTON & BURLING LLP
1999 Avenue of the Stars, Suite 3500
Los Angeles, California 90067-4643
[e-mail]
[e-mail]
[phone]
*Designated Counsel for Service
Attorneys for Proposed Amicus Curiae
The California State Senate

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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THE UNITED STATES OF AMERICA,
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.

Civil Case No.: 2:18-cv-00490-JAM-KJN
CONSENT MOTION FOR LEAVE TO
FILE BRIEF OF AMICUS CURIAE THE
CALIFORNIA STATE SENATE IN
SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S MOTION
FOR A PRELIMINARY INJUNCTION

DATE:
TIME:
COURT:
JUDGE:

June 20, 2018
10:00 a.m.
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Hon. John A. Mendez

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CONSENT MOTION FOR LEAVE TO FILE AMICUS BRIEF ON BEHALF OF THE CALIFORNIA STATE
SENATE IN SUPPORT OF DEFENDANTS

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that as soon as the matter may be heard, before the Honorable John

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A. Mendez, in Courtroom 6, 14th floor, of the U.S. District Court for the Eastern District of California,

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501 I Street, Sacramento, CA 95814, proposed amicus curiae The California State Senate, by and

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through undersigned counsel, will and hereby does respectfully move for leave to file the accompanying

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amicus curiae brief in support of the Defendants’ opposition to Plaintiff’s motion for a preliminary

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injunction, pursuant to Fed. R. App. P. 29(a) and this Court’s Minute Order of March 27, 2018. All

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parties have consented to this motion. A proposed order is attached.

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INTEREST AND IDENTITY OF AMICUS CURIAE
The California State Senate (the “Senate”), as the upper house of the California Legislature, has

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a particular interest in this litigation as the legislative body that originated the California Values Act, and

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as part of the California Legislature that passed it. In crafting the California Values Act, the Senate

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balanced concerns at the core of the State’s police power and central to Californians: health and safety,

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prevention of violent crime, and direction of state and local law enforcement. The California Values Act

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ensures that residents are able to cooperate with state and local law enforcement without concern of

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immigration consequences, including as witnesses, victims willing to come forward, and participants in

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community criminal justice efforts. The Senate’s legislation also preserves state taxpayers’ money for

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use in state and local law enforcement, rather than diverting it to federal civil immigration investigations

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and related enforcement.

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Through this lawsuit, the Department of Justice seeks to commandeer California by enjoining

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provisions of the Act as purportedly preempted. The proposed amicus brief explains how the California

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Values Act is a constitutional exercise of core sovereign authority and was the product of a careful

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legislative process. The federal government’s preemption arguments, by contrast, misread the relevant

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statutes and misapply the relevant precedents.

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DISCLOSURE STATEMENT

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Proposed amicus is the California State Senate. Amicus is not owned by any publicly held

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company. No counsel for a party authored this brief in whole or in part and no person or entity, other

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1

CONSENT MOTION FOR LEAVE TO FILE AMICUS BRIEF ON BEHALF OF THE CALIFORNIA STATE
SENATE IN SUPPORT OF DEFENDANTS

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than amicus curiae, its members, or its counsel, has contributed money that was intended to fund

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preparing or submitting the brief.

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ARGUMENT
The California State Senate has a unique perspective on the goals of the California Values Act

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and the process, including legal and constitutional analysis, through which it was drafted. First, the

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proposed amicus brief explains the evidence which led the California State Legislature to conclude that

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the California Values Act advances public safety and ensures that state resources are allocated to state

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priorities, thus explaining that the Act regulates within the sphere of state sovereignty protected by the

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Tenth Amendment. Second, the brief explains how the Legislature explicitly designed the California

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Values Act to be consistent with federal laws, including those which DOJ claims preempt the Act. The

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brief also describes ways in which the Act provides for cooperation between State and federal law

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enforcement, further demonstrating that the California Values Act does not obstruct federal law. Third,

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the brief demonstrates that DOJ’s preemption arguments lack merit.

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The Senate’s experience drafting, amending, and passing the California Values Act will aid this
Court in determining the constitutionality of the California Values Act.
CONCLUSION
For the foregoing reasons, this motion for leave to file an amicus curiae brief should be granted.

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CONSENT MOTION FOR LEAVE TO FILE AMICUS BRIEF ON BEHALF OF THE CALIFORNIA STATE
SENATE IN SUPPORT OF DEFENDANTS

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Dated: May 18, 2018

COVINGTON & BURLING LLP

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By: /s/ Mónica Ramírez Almadani

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Eric H. Holder, Jr.
David M. Zionts
Ivano M. Ventresca
COVINGTON & BURLING LLP
850 10th Street N.W.
Washington, D.C. 20001
[e-mail]
[phone]

Daniel N. Shallman, , SBN 180782
Mónica Ramírez Almadani, SBN 234893
COVINGTON & BURLING LLP
1999 Avenue of the Stars, Suite 3500
Los Angeles, California 90067-4643
[e-mail]
[phone]

Attorneys for Proposed Amicus Curiae The California
State Senate

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CONSENT MOTION FOR LEAVE TO FILE AMICUS BRIEF ON BEHALF OF THE CALIFORNIA STATE
SENATE IN SUPPORT OF DEFENDANTS

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CERTIFICATE OF SERVICE

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I hereby certify that on May 18, 2018, I electronically transmitted the foregoing

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document to the Clerk’s Office using the U.S. District Court for the Eastern District of

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California’s Electronic Document Filing System (ECF), which will serve a copy of this

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document upon all counsel of record.

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By: /s/ Mónica Ramírez Almadani

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Mónica Ramírez Almadani

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CONSENT MOTION FOR LEAVE TO FILE AMICUS BRIEF ON BEHALF OF THE CALIFORNIA STATE
SENATE IN SUPPORT OF DEFENDANTS