State of California et al v. Trump et al

Filing 98

Consent MOTION for Leave to File Memorandum of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed by 58 Religious Organizations. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lafayette, Gary) (Filed on 5/1/2019) Modified on 5/2/2019 (jjbS, COURT STAFF).

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PATTERSON BELKNAP WEBB & TYLER LLP

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Steven A. Zalesin (pro hac vice admission pending)
Adeel A. Mangi (pro hac vice admission pending)
Zachary Kolodin (pro hac vice admission pending)
Amir Badat (pro hac vice admission pending)
1133 Avenue of the Americas
New York, NY 10036-6710
Tel: [phone]
Fax: [phone]

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LAFAYETTE & KUMAGAI LLP
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Gary T. Lafayette (SBN 088666)
Brian H. Chun (SBN 215417)
1300 Clay Street, Suite 810
Oakland, CA 94612
Tel: [phone]
Fax: [phone]

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Attorneys for Amici Curiae 58 Religious Organizations

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

Case No. 4:19-cv-00872-HSG
CONSENT MOTION FOR LEAVE TO
FILE MEMORANDUM OF 58
RELIGIOUS ORGANIZATIONS AS
AMICI CURIAE IN SUPPORT OF
PLAINTIFFS' MOTION FOR A
PRELIMINARY INJUNCTION
Date:
Time:

05/17/2019
10:00 AM

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CONSENT MOTION FOR LEAVE TO FILE
MEMORANDUM OF 58 RELIGIOUS ORGANIZATIONS
AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’
MOTION FOR A PRELIMINARY INJUNCTION
19-cv-00872-HSG

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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Led by the Muslim Bar Association of New York, amici respectfully move for leave to file
the attached memorandum as amici curiae in the above-captioned matter in support of Plaintiffs’

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Motion for a Preliminary Injunction. Amici are 58 American religious or religiously-affiliated
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organizations who represent a wide array of faiths and denominations and include congregations and

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houses of worship, as well as professional, civil liberties, and immigrant rights groups who work

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with or represent faith communities (“Religious Organizations”).1 Counsel for both Plaintiffs and

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Defendants have consented to filing of the attached amici brief.

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STATEMENT OF INTEREST AND ARGUMENT

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The Religious Organizations’ motion for leave to file as amici curiae should be granted

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because their proposed submission provides a unique perspective on the separation-of-powers issues
before the Court. The president’s border wall initiative targets a disfavored group, namely Mexican

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and Central American immigrants arriving through the U.S. border with Mexico. The president’s

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incursion into Congress’s constitutionally mandated appropriations authority to target a vulnerable

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group, if permitted, threatens the religious liberties of amici, because it would create a precedent that

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this and future presidents could use to reward or punish particular religious groups based on political
expedience. This president has already targeted certain groups represented by amici, including

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Muslims, immigrants, and refugees of different faiths. Amici are therefore justly concerned that this

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president or future presidents will unconstitutionally target them by exploiting the appropriations

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power.

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Section A of the amici brief details the importance of the Appropriations Clause in protecting
individual liberties, including religious liberty. Section B demonstrates that the Defendants’

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For a list of amici and their individual interests, see Appendix A to the proposed amici brief.

-2CONSENT MOTION FOR LEAVE TO FILE
MEMORANDUM OF 58 RELIGIOUS ORGANIZATIONS
AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’
MOTION FOR A PRELIMINARY INJUNCTION
19-cv-00872-HSG

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attempted diversion of funds violates the Appropriations Clause because it was rejected by Congress

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and is not authorized by the relevant statutes. Section C highlights the rhetoric and policies the

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president has used to target immigrants for political purposes, culminating in the current

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unconstitutional attempt to fund a border wall. Section D explains the threat presented to amici if
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the Court permits the president to trample on the protections afforded by the separation of powers.
CONCLUSION

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For the foregoing reasons, the Religious Organizations’ consent motion for leave to file the

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attached memorandum as amici curiae should be granted.
Dated:

New York, New York
May 1, 2019
Respectfully submitted,
Steven A. Zalesin (pro hac vice pending)
Adeel A. Mangi (pro hac vice pending)
Zachary Kolodin (pro hac vice pending)
Amir Badat (pro hac vice pending)
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, New York 10036-6710
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
By: /s/ Gary T. Lafayette
Gary T. Lafayette
Brian H. Chun
LAFAYETTE & KUMAGAI LLP
1300 Clay Street, Suite 810
Oakland, CA 94612
Tel: [phone]
Fax: [phone]
[e-mail]

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Counsel for Amici Curiae Religious Organizations

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-3CONSENT MOTION FOR LEAVE TO FILE
MEMORANDUM OF 58 RELIGIOUS ORGANIZATIONS
AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’
MOTION FOR A PRELIMINARY INJUNCTION
19-cv-00872-HSG