State of California et al v. Trump et al

Filing 179

Consent MOTION for Leave to File Amicus Curiae Brief filed by United States House of Representatives. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Letter, Douglas) (Filed on 6/17/2019)

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Douglas N. Letter, General Counsel
Todd B. Tatelman, Deputy General Counsel
Megan Barbero, Associate General Counsel
Josephine Morse, Associate General Counsel
Kristin A. Shapiro, Assistant General Counsel
OFFICE OF GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, D.C. 20515
[phone] (telephone)
[phone] (facsimile)
[e-mail]
Counsel for Amicus Curiae the United States House of Representatives

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA et al.,

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Plaintiffs,

Case No. 4:19-cv-00872-HSG
M.S.J. Hearing Date: August 29, 2019
Time: 2:00 PM

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

CONSENT MOTION FOR LEAVE
TO FILE MEMORANDUM OF
THE UNITED STATES HOUSE OF
REPRESENTATIVES AS AMICUS
CURIAE

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MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE OF THE U.S. HOUSE OF REPRESENTATIVES
(4:19-cv-00872-HSG)

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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The U.S. House of Representatives respectfully moves for leave to file the attached

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memorandum as amicus curiae in the above-captioned matter. Plaintiffs and defendants consent

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to the House’s motion. A copy of the House’s proposed amicus curiae brief and a proposed order

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are attached.

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The House’s motion for leave to file as amicus curiae should be granted because the

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House has a compelling institutional interest in this case, which involves the Executive Branch

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defendants’ unconstitutional expenditure of funds to build a wall along the southern border of the

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United States without a valid Congressional appropriation. To protect its interests, the Court

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granted the House permission to, and the House did file, an amicus brief in support of plaintiffs’

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motion for a preliminary injunction, and the House presented argument on that motion. See

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Consent Mot. for Leave to File Amicus Brief, Sierra Club v. Trump et al., No. 4:19-cv-00892

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(N.D. Cal. Apr. 12, 2019), ECF No. 45. The House now seeks leave to file a brief in support of

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plaintiffs’ motion for partial summary judgment for the same reasons.

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The House respectfully submits that its amicus brief will aid the Court’s understanding of

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the Congressional appropriations issues presented here. The House is well-positioned to provide

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this Court with unique insight into the appropriations process. As part of the Legislative Branch,

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the House offers a perspective distinct from the parties, which is particularly important given the

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separation-of-powers concerns implicated by this action. Accordingly, the House should be

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granted leave to participate as amicus curiae.

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CONCLUSION
For the foregoing reasons, the House’s motion for leave to file the attached memorandum
as amicus curiae should be granted.

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MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE OF THE U.S. HOUSE OF REPRESENTATIVES
(4:19-cv-00872-HSG)

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Respectfully submitted,
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/s/ Douglas N. Letter
DOUGLAS N. LETTER
General Counsel
TODD B. TATELMAN
Deputy General Counsel
MEGAN BARBERO
Associate General Counsel
JOSEPHINE MORSE
Associate General Counsel
KRISTIN A. SHAPIRO
Assistant General Counsel

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OFFICE OF GENERAL COUNSEL*
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, D.C. 20515
[phone] (telephone)
[phone] (facsimile)
[e-mail]

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Counsel for Amicus Curiae the United States House
of Representatives

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Attorneys for the Office of General Counsel for the U.S. House of Representatives are
“entitled, for the purpose of performing the counsel’s functions, to enter an appearance in any
proceeding before any court of the United States or of any State or political subdivision thereof
without compliance with any requirements for admission to practice before such court.” 2 U.S.C.
§ 5571.
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MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE OF THE U.S. HOUSE OF REPRESENTATIVES
(4:19-cv-00872-HSG)

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CERTIFICATE OF SERVICE

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I hereby certify that on June 17, 2019, I caused the foregoing document to be filed via the

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U.S. District Court for the Northern District of California’s CM/ECF system, which I understand

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caused service on all registered parties.

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/s/ Douglas N. Letter
Douglas N. Letter

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MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE OF THE U.S. HOUSE OF REPRESENTATIVES
(4:19-cv-00872-HSG)