State of California et al v. Trump et al

Filing 116

Consent MOTION to File Amicus Curiae Brief in Support of Defendants filed by American Center for Law and Justice. Responses due by 5/16/2019. Replies due by 5/23/2019. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Sisney, Benjamin) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF).

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JAY ALAN SEKULOW (N.D. Cal. # 496335)
Counsel of Record
STUART J. ROTH*
ANDREW EKONOMOU*
JORDAN SEKULOW*
HARRY G. HUTCHISON*
MILES L. TERRY*
MARK GOLDFEDER*
BENJAMIN P. SISNEY (DC Bar # 1044721)
(Pro Hac Vice Application Forthcoming)
AMERICAN CENTER FOR LAW AND JUSTICE
201 Maryland Avenue, NE
Washington, DC 20002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

ROBERT H. TYLER, CA Bar No. 179572
NADA N. HIGUERA, CA Bar No. 299819
JAMES A. LONG, CA Bar No. 273735
Tyler & Bursch, LLP
25026 Las Brisas Road, Suite 110
Murrieta, California 92562
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Amicus Curiae,
The American Center for Law & Justice

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,
Plaintiff,

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vs.
DONALD J. TRUMP, President of the
United States, in his official capacity, et al.,

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Defendants.

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CONSENTED MOTION OF THE
AMERICAN CENTER FOR LAW
AND JUSTICE FOR LEAVE TO FILE
AMICUS CURIAE BRIEF IN
SUPPORT OF DEFENDANTS

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Case Action No. 19-cv-00872-HSG

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Not Admitted in This Jurisdiction

Motion of the American Center for Law and Justice for Leave to File Amicus Curiae Brief in
Support of Defendants
19-cv-00872-HSG

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The American Center for Law & Justice (“ACLJ”), by and through undersigned counsel,

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respectfully moves the Court for leave to file the attached proposed amicus curiae brief in support

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of Defendants.

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Counsel for the Plaintiffs and the Defendants have consented to the ACLJ’s motion for
leave to file an amicus curiae brief.

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In support of this Motion, the ACLJ states as follows:

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dedicated to the defense of constitutional liberties and structures secured by law. Counsel for the

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ACLJ have presented oral argument, represented parties, and submitted amicus briefs before the

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United States Supreme Court and numerous state and federal courts around the country in cases

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concerning the First Amendment, national security, and immigration law, including FEC v.

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Wisconsin Right to Life, 551 U.S. 449 (2007); McConnell v. FEC, 540 U.S. 93 (2003); United

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States v. Texas, 136 S. Ct. 2271 (2016); and Trump v. Hawaii, 138 S. Ct. 2392 (2018). The ACLJ

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has been active in advocacy and litigation concerning the need for protecting the Constitution, the

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First Amendment, the separation of powers, the national security of the United States of America,

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and the immigration laws in place that protect American citizens from harm.

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2.

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who support the Defendants’ efforts to secure the nation’s southern border.

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3.

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and that no person other than Amicus Curiae, its members, or its counsel has made any monetary

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contributions intended to fund the preparation or submission of this brief.

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4.

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and issues no stock.

Amicus Curiae the American Center for Law and Justice (the ACLJ) is an organization

The ACLJ desires to file its amicus curiae brief on behalf of over 144,000 of its members

Amicus Curiae affirms that no counsel for a party authored this brief in whole or in part

The American Center for Law and Justice is a nonprofit organization that has no parent

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Motion of the American Center for Law and Justice for Leave to File Amicus Curiae Brief in
Support of Defendants
19-cv-00872-HSG

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5.

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status.” Habeas Corpus Res. Ctr. v. United States Dep’t of Justice, No. C 13-4517 CW, 2013 WL

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6157321, at *2, 2013 U.S. Dist. LEXIS 167419, at *4 (N.D. Cal. Nov. 22, 2013) (internal quotation

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and citation omitted). “District courts frequently welcome amicus briefs from non-parties

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concerning legal issues that have potential ramifications beyond the parties directly involved.” Id.,

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2013 U.S. Dist. LEXIS 167419, at *4-5 (internal quotation and citation omitted).

“There are no strict prerequisites that must be established prior to qualifying for amicus

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CONCLUSION

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For the foregoing reasons, proposed amicus curiae requests that its motion be granted and
its proposed brief be filed.
Dated: May 2, 2019.

Respectfully submitted,

JAY ALAN SEKULOW (N.D. Cal. # 496335)
Counsel of Record
STUART J. ROTH*
ANDREW EKONOMOU*
JORDAN SEKULOW*
HARRY G. HUTCHISON*
MILES L. TERRY*
MARK GOLDFEDER*

ROBERT H. TYLER, CA Bar No. 179572
NADA N. HIGUERA, CA Bar No. 299819
JAMES A. LONG, CA Bar No. 273735
Tyler & Bursch, LLP
25026 Las Brisas Road, Suite 110
Murrieta, California 92562
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Amicus Curiae,
The American Center for Law & Justice

/s/ Benjamin P. Sisney
BENJAMIN P. SISNEY (DC Bar # 1044721)
(Pro Hac Vice Application Forthcoming)
AMERICAN CENTER FOR LAW AND JUSTICE
201 Maryland Avenue, NE
Washington, DC 20002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

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________________________

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*

Not Admitted in This Jurisdiction.

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Motion of the American Center for Law and Justice for Leave to File Amicus Curiae Brief in
Support of Defendants
19-cv-00872-HSG

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CERTIFICATE OF SERVICE

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I hereby certify that on May 2, 2019, I caused a true and correct copy of the foregoing

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Motion of the American Center for Law and Justice for Leave to File its Amicus Curiae Brief and

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the proposed Brief of Amicus Curiae to be filed via the U.S. District Court for the Northern District

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of California’s CM/ECF system, which I understand caused service on all registered parties and

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counsel of record.

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Dated: May 2, 2019.

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Respectfully submitted,
/s/ Benjamin P. Sisney
BENJAMIN P. SISNEY (DC Bar # 1044721)
(Pro Hac Vice Application Forthcoming)
AMERICAN CENTER FOR LAW AND JUSTICE
201 Maryland Avenue, NE
Washington, DC 20002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Amicus Curiae

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Motion of the American Center for Law and Justice for Leave to File Amicus Curiae Brief in
Support of Defendants
19-cv-00872-HSG