State of Hawaii v. Trump

Filing 93

MOTION for Leave to File Brief in Support of Plaintiffs' Motion for Temporary Restraining Order Nicole Y.C. L. Altman appearing for Amicus Anti-Defamation League (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Altman, Nicole)

GOODSILL ANDERSON QUINN & STIFEL
A LIMITED LIABILITY LAW PARTNERSHIP LLP
NICOLE Y. ALTMAN
9452-0
[e-mail]
First Hawaiian Center, Suite 1600
999 Bishop Street
Honolulu, Hawaii 96813
Telephone: [phone]
Facsimile: [phone]
FRANKFURT KURNIT KLEIN & SELZ PC
JOHN B. HARRIS (Pro Hac Vice)
[e-mail]
488 Madison Avenue
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Amicus Curiae
ANTI-DEFAMATION LEAGUE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
STATE OF HAWAI‘I and ISMAIL
ELSHIKH,

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

6279296.1

CV 17-00050 DKW-KJM
MOTION FOR LEAVE TO FILE
BRIEF OF ANTI-DEFAMATION
LEAGUE AS AMICUS CURIAE IN
SUPPORT OF PLAINTIFFS’
MOTION FOR TEMPORARY
RESTRAINING ORDER; EXHIBIT A
(PROPOSED BRIEF);
CERTIFICATE OF SERVICE

MOTION FOR LEAVE TO FILE BRIEF OF ANTI-DEFAMATION
LEAGUE AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS’
MOTION FOR TEMPORARY RESTRAINING ORDER
The Anti-Defamation League (“ADL”) respectfully moves for leave to file
an amicus curiae brief in support of Plaintiffs’ Motion for Temporary Restraining
Order.
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
amicus curiae to file a brief in a pending case”). ADL has this unique
information or perspective.
Founded in 1913, ADL is a civil rights and human relations organization
that seeks to stop the defamation of the Jewish people, and secure justice and fair
treatment for all. Through its 26 regional offices in the U.S., and its international
office in Israel, ADL provides materials, programs and services to combat anti2

Semitism and all forms of bigotry. Because of its long history of fighting
prejudice and discrimination, including with respect to immigrants and religious
minorities, ADL can provide unique and important insights for the Court in
addressing the Plaintiffs’ Motion for Temporary Restraining Order enjoining
enforcement of Sections 2 and 6 of the Executive Order issued on March 6, 2017
entitled “Protecting the Nation from Foreign Terrorist Entry into the United
States.”
ADL is acutely familiar with the consequences of policies that refuse
immigration avenues for refugees of a select religious group. ADL’s proposed
amicus brief, attached hereto as Exhibit A, focuses on this nation’s history of
dealing with refugees, and how that history may affect a ruling regarding whether
the Executive Order should be enjoined.
CONCLUSION
For the foregoing reasons, ADL respectfully requests that this Court grant it
leave to file the amicus curiae brief attached hereto as Exhibit A.
DATED: Honolulu, Hawaii, March 10, 2017.
Respectfully submitted,
/s/ Nicole Y. Altman
NICOLE Y. ALTMAN
JOHN B. HARRIS (Pro Hac Vice)
Attorneys for Amicus Curiae
ANTI-DEFAMATION LEAGUE
3