State of Hawaii v. Trump
MOTION for Leave to File BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER, Nickolas A. Kacprowski appearing for Amicus Parties American Muslim Health Professionals, Muppies, Inc., Muslim Advocates, Network of Arab-American Professionals, The National Arab American Medical Association (Attachments: # 1 Corporate Disclosure Statement, # 2 Main Document, # 3 Exhibit A, # 4 Certificate of Service)(Kacprowski, Nickolas)
MUSLIM ADVOCATES, AMERICAN MUSLIM HEALTH
PROFESSIONALS, MUPPIES, INC., THE NATIONAL ARAB AMERICAN
MEDICAL ASSOCIATION, AND NETWORK OF ARAB-AMERICAN
PROFESSIONALS' MOTION FOR LEAVE TO FILE BRIEF OF
AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION
FOR A TEMPORARY RESTRAINING ORDER
Proposed Amici Curiae Muslim Advocates, American Muslim Health
Professionals, Muppies, Inc., The National Arab American Medical Association,
and Network of Arab-American Professionals (“Proposed Amici”) respectfully
move for leave to file a brief of amici curiae in support of the Plaintiffs’ Motion
for a Temporary Restraining Order, filed on March 8, 2017, Dkt. 65.
IDENTITIES AND INTERESTS OF THE PROPOSED AMICI
Muslim Advocates, a national legal advocacy and educational
organization formed in 2005, works on the frontlines of civil rights to guarantee
freedom and justice for Americans of all faiths. Muslim Advocates advances these
objectives through litigation and other legal advocacy, policy engagement, and
civic education, and by serving as a legal resource for the American Muslim
community, promoting the full and meaningful participation of Muslims in
American public life. The issues at stake in this case directly relate to Muslim
Advocates’ work fighting institutional discrimination against the American
American Muslim Health Professionals (AMHP) works to improve
the health of Americans. AMHP has three areas of focus: (1) health promotion and
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education; (2) professional development; and (3) state and national advocacy on
public health issues. AMHP has been a leader in expanding healthcare coverage by
hiring a team of state liaisons and working with interfaith communities through its
“Connecting Americans to Coverage” campaign. Its leadership has been at the
forefront of raising awareness about bullying, identity development, and other
mental health issues impacting the most vulnerable segment of society – our
children and youth. AMHP has also spearheaded many social just initiatives
including “EnabledMuslim,” an online platform that provides spiritual and social
support for individuals and families impacted by disability.
Muppies, Inc., also known as Muslim Urban Professionals
(Muppies), is a nonprofit, charitable organization dedicated to empowering and
advancing Muslim business professionals to be leaders in their careers and
communities. Its mission is to create a global community of diverse individuals
who will support, challenge, and inspire one another by providing a platform for
networking, mentorship, and career development.
The National Arab American Medical Association (NAAMA)
is the largest international organization of Arab American health care providers,
trainees and medical students based in North America. Since its founding,
twenty-seven chapters have been established in the United States and Canada.
In 1990, the NAAMA Foundation was created to support international medical
assistance projects, educational exchanges, scholarships, research grants, and
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emergency medical aid in areas of conflict. Members of the association include
well-trained clinicians, high ranking university professors, leaders of several
medical societies, and scientists involved in cutting edge research and innovation.
In the United States, the foundation supports professional and educational activities
aimed at Arab American health education and disease prevention in cooperation
with community-based organizations. Members have also donated their time and
money to help the relief efforts following Hurricanes Katrina and Rita. Internationally, the foundation sponsors projects, focusing on the Arab world. It has
sponsored humanitarian projects in Iraq in the wake of the Iraq War. Currently,
volunteers from the association conduct periodic missions to countries surrounding
Syria to provide humanitarian medical care and establish eye care and dental
clinics to benefit local populations and refugees.
The Network of Arab-American Professionals (NAAP) is a
professional organization grounded in the notion that all Arabs in America need to
connect to advance the community. Through collective contribution to strengthen
our individual and community standing, NAAP provides a channel for ArabAmericans to realize their passions and pursue their interests through community
involvement. NAAP promotes professional networking and social interaction
among Arab-American and Arab professionals in the US and abroad; educates both
the Arab-American and non-Arab communities about Arab culture, identity, and
concerns; advances the Arab-American community by empowering, protecting and
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promoting its political causes and interests in the US and abroad within all levels
of society; supports the Arab student movement in the United States; and serves
society through volunteerism and community service efforts.
The Proposed Amici are affected by the Executive Order issued on
March 6, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry into
the United States” (the “Executive Order”). The Executive Order is an unconstitutional infringement upon the rights of Muslims. It inflicts significant harm on the
American Muslim community and American Muslim professionals. It threatens
American Muslims’ ability to practice their professions in the United States; it
threatens American Muslims who live, work, travel, and have families abroad; and
it subjects Muslims to a damaging stigma.
MEMORANDUM AND POINTS OF LAW
A “district court has broad discretion to appoint amici 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). “An amicus brief should normally be
allowed when . . . the amicus has unique information or perspective that can help
the court beyond the help that the lawyers for the parties are able to provide.”
Cty Ass’n for Restoration of the Env. (CARE) v. DeRuyter Bros. Dairy, 54 F. Supp.
2d 974, 975 (E.D. Wash. 1999) (citing Northern Sec. Co. v. U.S., 191 U.S. 555,
556 (1903)); see also In re Roxford Foods Litig., 790 F. Supp. 987, 997 (N.D. Cal.
1991) (stating that courts generally “have exercised great liberality in permitting an
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amicus curiae to file a brief in a pending case”). An amicus brief is appropriate
when it serves “the benefit of the court, assisting the court in cases of general
public interest.” Newark Branch, N.A.A.C.P. v. Twp. of Harrison, 940 F.2d 792,
808 (3d Cir. 1991).
For the reasons explained above, the Proposed Amici have an interest
in the outcome of this case. On behalf of the Defendants, the Department of
Justice has represented that it takes no position on this motion. Accordingly, the
Proposed Amici should be permitted to submit their proposed brief of amici curiae.
For the foregoing reasons, Proposed Amici respectfully request that
this Court grant their motion for leave to file the proposed brief of amici curiae
attached hereto as Exhibit A.
Dated: Honolulu, Hawai`i, March 13, 2017.
/s/ Nickolas A. Kacprowski
ALSTON HUNT FLOYD & ING
NICKOLAS A. KACPROWSKI
ARNOLD & PORTER KAYE SCHOLER LLP
ANTON A. WARE (pro hac vice)
JOHNATHAN SMITH (pro hac vice)
JUNAID SULAHRY (pro hac vice)
Attorneys for Proposed Amici Curiae
Muslim Advocates; American Muslim
Health Professionals; Muppies, Inc.;
The National Arab American Medical
Association; and Network of ArabAmerican Professionals
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