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)

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GOODSILL ANDERSON QUINN & STIFEL A LIMITED LIABILITY LAW PARTNERSHIP LLP NICOLE Y. ALTMAN 9452-0 First Hawaiian Center, Suite 1600 999 Bishop Street Honolulu, Hawaii 96813 Telephone: (808) 547-5600 Facsimile: (808) 547-5880 FRANKFURT KURNIT KLEIN & SELZ PC JOHN B. HARRIS (Pro Hac Vice) 488 Madison Avenue New York, New York 10022 Telephone: (212) 705-4823 Facsimile: (212) 593-9175 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

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