State of California et al v. Trump et al

Filing 222

Consent MOTION for Leave to File Brief as Amicus Curiae In Support of Plaintiffs Motion for Partial Summary Judgment filed by United States House of Representatives. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Letter, Douglas) (Filed on 10/18/2019)

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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
Adam A. Grogg, Assistant General Counsel

Carter G. Phillips
Virginia A. Seitz
Joseph R. Guerra
Christopher A. Eiswerth
SIDLEY AUSTIN LLP
1501 K Street N.W.
Washington, D.C. 20005
[phone] (telephone)
[phone] (facsimile)
[e-mail]

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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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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,
Plaintiffs,

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Case No. 4:19-cv-00872-HSG
M.S.J. Hearing Date: Nov. 20, 2019
Time: 10:00 AM

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

CONSENT MOTION FOR LEAVE
TO FILE BRIEF 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 brief as

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amicus curiae in the above-captioned matter. Plaintiffs and defendants consent to the House’s

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

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

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

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unconstitutional expenditure of funds to build a wall along the southern border of the United States

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without a valid Congressional appropriation. To protect its interests, the House filed with the

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Court’s permission an amicus brief in support of plaintiffs’ motion for a preliminary injunction, the

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House presented argument on that motion, and the House filed an amicus brief in support of

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plaintiffs’ prior motion for partial summary judgment. The House now seeks leave to file a brief

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in support of plaintiffs’ present 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 granted

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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 brief 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
ADAM A. GROGG
Assistant General Counsel

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CARTER G. PHILLIPS
VIRGINIA A. SEITZ
JOSEPH R. GUERRA
CHRISTOPHER A. EISWERTH
SIDLEY AUSTIN LLP
1501 K STREET N.W.
WASHINGTON, D.C. 20005
[phone] (telephone)
[phone] (facsimile)
[e-mail]

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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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October 18, 2019

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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 October 18, 2019, I caused the foregoing document to be filed via

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

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understand 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)