International Refugee Assistance Project et al v. Trump et al

Filing 99

MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Temporary Restraining Order by Interfaith Coalition Supporting the Plaintiffs Motion for a Temporary Restraining Order Based on the Language of the Executive Order and the Report of the State Department (Attachments: # 1 Amici Curiae Brief in Support of Plaintiffs' Motion for a Temporary Restraining Order, # 2 Exhibit, # 3 Text of Proposed Order)(Collins, Kevin)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

INTERNATIONAL REFUGEE
ASSISTANCE PROJECT, et al.,
Civil Action No.: 8:17-CV-00361-TDC
Plaintiffs,
v.
DONALD J. TRUMP, et al.,
Defendants

INTERFAITH COALITION’S MOTION FOR LEAVE TO FILE AMICI
CURIAE BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR A
TEMPORARY RESTRAINING ORDER BASED ON THE LANGUAGE OF
THE EXECUTIVE ORDER AND THE REPORT OF THE STATE
DEPARTMENT

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.
I.

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:
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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
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
Rabbi Joy Levitt
Congregation Beit Simchat Torah
Rabbi Sharon Kleinbaum
Rabbi Joel Mosbacher
Rabbi Frederick Reeves
Rabbi Peretz Wolf-Prusan
Rabbi Noa Kushner
Union Theological Seminary
Rabbi John Rosove

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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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United Methodist Women
Rabbi James Ponet
Hyde Park & Kenwood Interfaith Council
Rabbi Michael Strassfeld
Reverend Timothy B. Tutt
Reverend Curtis W. Hart
• The Sikh Coalition
II.

REASONS WHY MOTION SHOULD BE GRANTED

The Court has broad discretion to appoint amicus curiae. Am. Humanist
Ass’n v. Maryland-Nat’l Capital Park & Planning Comm’n, 303 F.R.D. 266, 269
(D. Md. 2014). “[T]he aid of amici curiae has been allowed at the trial level where
they provide helpful analysis of the law, they have a special interest in the subject
matter of the suit, or existing counsel is in need of assistance.” Bryant v. Better
Bus. Bureau of Greater Md., Inc., 923 F. Supp. 720, 728 (D.Md.1996); see also
Washington Gas Light Co. v. Prince George’s Cty. Council, No. DKC 08-0967,
2012 WL 832756, at *3 (D. Md. Mar. 9, 2012).
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

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statements of those two documents the inclusion of only Muslim-majority
countries cannot be justified.2.
III.

CONCLUSION

For these reasons, Amici respectfully request that the Court grant this
motion for leave to file the attached amicus curiae brief.
DATED: March 12, 2017

Respectfully submitted,

By:

/s/ Kevin Collins

Kevin Collins (Bar No. 13131)
[e-mail]
William Zapf (Bar No. 28686)
[e-mail]
COVINGTON & BURLING LLP
One City Center
850 Tenth Street, NW
Washington, D.C. 20001-4965
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Robert D. Fram (pro hac vice pending)
[e-mail]
Alexandra P. Grayner (pro hac vice pending)
[e-mail]
Kathryn E. Bi (pro hac vice pending)
[e-mail]
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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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COVINGTON & BURLING LLP
1 Front St.
San Francisco, CA 94111
Telephone: [phone]
Facsimilie: [phone]
Michael Baker (pro hac vice pending)
[e-mail]
Karun Tilak (pro hac vice pending)
[e-mail]
Andrew Guy (pro hac vice pending)
[e-mail]
COVINGTON & BURLING LLP
One City Center
850 Tenth Street, NW
Washington, D.C. 20001-4965
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Attorneys for Amici Curiae Interfaith Coalition

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CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of March, 2017, I electronically filed
the foregoing with the Clerk of the Court using the CM/ECF System, which will
send notification of such filing to all attorneys of record.

Dated: March 12, 2017

By:

/s/ Kevin Collins
Kevin Collins (Bar No. 13131)

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