State of Hawaii v. Trump

Filing 138

MOTION for Leave to File Brief of Amici Curiae Interfaith Coalition Thomas Benedict appearing for Amicus Parties Congregation B'nai Jeshurun, Congregation Beit Simchat Torah, Reverend Curtis W. Hart, Hyde Park & Kenwood Interfaith Council, Rabbi Sharon Kleinbaum, Rabbi Noa Kushner, Rabbi Joy Levitt, Rabbi Joel Mosbacher, Imam Abdul Malik Mujahid, Rabbi James Ponet, Rabbi Frederick Reeves, Rabbi John Rosove, Rabbi Michael Strassfeld, The Muslim Public Affairs Council, The Right Reverend Allen K. Shin, Bishop Suffragan of the Episcopal, The Right Reverend Andrew Dietsche, Episcopal Bishop of New York, The Right Reverend Lawrence C. Provenzano, Episcopal Bishop of Long Island, The Right Reverend Marc Handley Andrus, Episcopal Bishop of California, The Right Reverend Mary D. Glasspool, Bishop Assistant of the Episcopal Diocese of New York, The Sikh Coalition, Reverend Timothy Tutt, Union Theological Seminary, United Methodist Women, Rabbi Peretz Wolf-Prusan (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Benedict, Thomas)

Thomas Benedict
[e-mail]
(Bar No. 005018)
GOODSILL,
ANDERSON,
QUINN & STIFEL
First Hawaiian Center
999 Bishop Street
Suite 1600
Honolulu, HI 96813
[phone]

Robert D. Fram*
[e-mail]
COVINGTON & BURLING
LLP
One Front Street
San Francisco, CA 94111
[phone]

Karun Tilak*
[e-mail]
Michael Baker*
[e-mail]
COVINGTON & BURLING
LLP
One City Center
850 Tenth Street, NW
Washington, D.C. 200014965
+ 1 [phone]

Attorneys for Amici Curiae Interfaith Coalition
*Pro Hac Vice Application Pending
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAIʻI

STATE OF HAWAIʻI, et al.,
Plaintiffs,
v.
DONALD TRUMP, et al.,
Defendants.

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Case No. 1:17-cv-00050 -DKW-KSC
MOTION FOR LEAVE TO FILE
BRIEF OF AMICI CURIAE
INTERFAITH COALITION;
EXHIBIT 1; CERTIFICATE OF
SERVICE
Hon. Derrick K. Watson
March 15, 2017
9:30 a.m.
Dkt. No. 65

MOTION FOR LEAVE TO FILE BRIEF OF
AMICI CURIAE INTERFAITH COALITION

6280341.1

I.

INTRODUCTION

Amici Curiae Interfaith Coalition respectfully move the Court for leave to
file a brief in support of Plaintiffs’ Motion for a Temporary Restraining Order. A
copy of the proposed brief is attached as Exhibit 1 to this motion. Plaintiffs have
consented to the filing of the attached brief. Defendants take no position with
respect to this motion.
II.

IDENTITY AND INTEREST OF AMICI

Amici are a coalition of individuals and organizations of diverse religions.
Although they profess different faiths, they are united in the belief that religious
tolerance is critical to the safety and wellbeing of our local and national
community. President Trump’s Executive Order No. 13729 (March 6, 2017)
(“Executive Order” or “Order”), which by its plain language, structure, and intent,
clearly discriminates on the basis of religion, is anathema to this core tenet that all
members of our coalition share.
Amici 1 are:
• Congregation B’nai Jeshurun
• The Right Reverend Andrew Dietsche, Episcopal Bishop of New York
• The Right Reverend Allen K. Shin, Bishop Suffragan of the Episcopal
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Unless stated otherwise, amici are acting on their own behalf, and not on behalf
of any organizations with which they are associated. No party’s counsel authored
this brief in whole or in part, and no person other than the undersigned counsel
contributed financially to its preparation or submission.

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The Right Reverend Mary D. Glasspool, Bishop Assistant of the Episcopal
Diocese of New York
Imam Abdul Malik Mujahid
The Sikh Coalition
The Right Reverend Lawrence C. Provenzano, Episcopal Bishop of Long
Island
The Muslim Public Affairs Council
The Right Reverend Marc Handley Andrus, Episcopal Bishop of California
Rabbi Joy Levitt
Reverend Curtis W. Hart
Congregation Beit Simchat Torah
Rabbi Sharon Kleinbaum
Reverend Timothy B. Tutt
Rabbi Joel Mosbacher
Rabbi Frederick Reeves
Rabbi Peretz Wolf-Prusan
Rabbi Noa Kushner
Union Theological Seminary
Rabbi John Rosove
United Methodist Women
Rabbi James Ponet
Hyde Park & Kenwood Interfaith Council
Rabbi Michael Strassfeld
III.

REASONS WHY MOTION SHOULD BE GRANTED

The Court has “broad discretion” to appoint amicus curiae. Hoptowit v. Ray,
682 F.2d 1237, 1260 (9th cir.1982), abrogated on other grounds by Sandin v.
Conner, 515 U.S. 472 (1995). “District courts may consider amicus briefs from
non-parties ‘concerning legal issues that have potential ramifications beyond the
parties directly involved or if the amicus has unique information or perspective that
can help the court beyond the help the lawyers for the parties are able to provide.’ ”
Skokomish Indian Tribe v. Goldmark, No. C13-5071JLR, 2013 WL 5720053, at *1
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(W.D. Wash. Oct. 21, 2013) (quoting NGV Gaming, Ltd. v. Upstream Point
Molate, LLC, 355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005)). In cases of general
public interest, such as this one, amicus can assist the Court by “supplementing the
efforts of counsel, and drawing the court’s attention to law that escaped
consideration.” Miller-Wohl, Co. v. Comm’r of Labor & Indus. State of Mont., 694
F.2d 203, 204 (9th Cir. 1982).
The Court should grant Amici leave to file the attached brief because the
brief explains why the Executive Order, based on its structure and the very sources
it cites for support, clearly discriminates on the basis of religion. Specifically, the
brief closely examines the language of Section 1 of the Executive Order and the
State Department Report cited therein, and demonstrates that if one accepts the
statements of those two documents the inclusion of only Muslim-majority
countries cannot be justified.2
IV.

CONCLUSION

For these reasons, Amici respectfully request that the Court grant this
motion for leave to file the attached amicus curiae brief.

2

Amici do not endorse the statements in the Executive Order or the State
Department Report, or call for additional countries to be subject to the Travel Ban,
but merely reference those statements to demonstrate the intrinsic contradiction in
the Administration’s position.

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Dated: Honolulu, Hawai‘i, March 12, 2017.

/s/ Thomas Benedict
THOMAS BENEDICT
Attorney for Amici Curiae Interfaith
Coalition
CONGREGATION B’NAI JESHURUN;
REVEREND CURTIS W. HART; RABBI
SHARON KLEINBAUM; RABBI JOEL
MOSBACHER; REVEREND TIMOTHY
TUTT; RABBI JOY LEVITT; THE SIKH
COALITION; THE RIGHT REVEREND
ANDREW DIETSCHE, EPISCOPAL
BISHOP OF NEW YORK; THE RIGHT
REVEREND ALLEN K. SHIN, BISHOP
SUFFRAGAN OF THE EPISCOPAL; THE
RIGHT REVEREND MARY D.
GLASSPOOL, BISHOP ASSISTANT OF
THE EPISCOPAL DIOCESE OF NEW
YORK; IMAM ABDUL MALIK MUJAHID;
THE RIGHT REVEREND LAWRENCE C.
PROVENZANO, EPISCOPAL BISHOP OF
LONG ISLAND; THE MUSLIM PUBLIC
AFFAIRS COUNCIL; THE RIGHT
REVEREND MARC HANDLEY ANDRUS,
EPISCOPAL BISHOP OF CALIFORNIA;
CONGREGATION BEIT SIMCHAT
TORAH ; RABBI FREDERICK REEVES;
RABBI PERETZ WOLF-PRUSAN; RABBI
NOA KUSHNER; UNION THEOLOGICAL
SEMINARY; RABBI JOHN ROSOVE;
UNITED METHODIST WOMEN; RABBI
JAMES PONET; HYDE PARK &
KENWOOD INTERFAITH COUNCIL and
RABBI MICHAEL STRASSFELD

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