Knight First Amendment Institute at Columbia University et al v. Trump et al

Filing 67

LETTER addressed to Judge Naomi Reice Buchwald from Jameel Jaffer dated March 16, 2018 re: the relevance of the D.C. Circuit's decision in Swan v. Clinton. Document filed by Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, Knight First Amendment Institute at Columbia University, Brandon Neely, Joseph Papp, Nicholas Pappas.(Jaffer, Jameel)

Download PDF
March 16, 2018 Via ECF and by Fax The Honorable Naomi Reice Buchwald United States District Court for the Southern District of New York 500 Pearl Street, Room 2270 New York, NY 10007-1312 Re: Knight First Amendment Institute, et al. v. Trump, et al., Case No. 17-CV-5205 (NRB) Dear Judge Buchwald, Because of an exchange between the Court and counsel for the Government during last Thursday’s oral argument in the above-captioned matter, counsel for Plaintiffs revisited the D.C. Circuit’s decision in Swan v. Clinton, 100 F.3d 973 (D.C. Cir. 1996), and their characterization of that decision in Plaintiffs’ summary judgment briefing. In at least two instances, Plaintiffs stated that the court in Swan had ordered injunctive relief against the President’s subordinates in lieu of the President. Pls.’ Cross-Mot. & Opp’n Br. at 31 n.13, ECF No. 43; Pls.’ Reply Br. at 14, ECF No. 56. In fact, although the court held that it had jurisdiction to grant such relief, Swan, 100 F.3d at 979–81, it ultimately ruled against the plaintiff on the merits, id. at 988. As counsel for Plaintiffs stated at oral argument, Swan is relevant here because it makes clear that the Court has authority to order subordinate officials to remedy injuries stemming from the President’s actions. The other cases counsel cited during argument further clarify that, for purposes of standing to obtain injunctive relief against individuals sued in their official capacities, the relevant question is whether those individuals are in a position to carry out the ordered relief. See Parkell v. Danberg, 833 F.3d 313, 332 (3d Cir. 2016); Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1127 (9th Cir. 2013); Luckey v. Harris, 860 F.2d 1012, 1015 (11th Cir. 1988). 475 Riverside Drive, Suite 302, New York, NY 10115 | (646) 745-8500 | Respectfully, Jessica Ring Amunson (pro hac vice) Tassity S. Johnson (pro hac vice) Jenner & Block LLP 1099 New York Avenue, NW, Suite 900 Washington, DC 20001 /s/ Jameel Jaffer Jameel Jaffer (JJ-4653) Katherine Fallow (KF-2535) Carrie DeCell (CD-0731) Alex Abdo (AA-0527) Knight First Amendment Institute at Columbia University 475 Riverside Drive, Suite 302 New York, NY 10115 (646) 745-8500 Counsel for Plaintiffs 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?