State of Washington, et al., v. Trump., et al

Filing 114

RESPONSE by Plaintiff State of Minnesota re 108 Notice-Other (Campion, Jacob)

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LORI SWANSON
Attorney General
ALAN I. GILBERT, (MN Atty. #0034678)
Solicitor General
JACOB CAMPION, (MN Atty. # 0391274)
Assistant Attorney General
Office of the Minnesota Attorney General
445 Minnesota Street, Suite 1100
St. Paul, MN 55101
651-757-1459

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON and
10 STATE OF MINNESOTA,
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Plaintiffs,
v.

13 DONALD TRUMP, in his official
capacity as President of the United
14 States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F.
15 KELLY, in his official capacity as
Secretary of the Department of
16 Homeland Security; REX W.
TILLERSON, in his official capacity
17 as Secretary of State; and the UNITED
STATES OF AMERICA,
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Defendants.
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CIVIL ACTION NO. 2:17-cv-00141-JLR

STATE OF MINNESOTA’S
RESPONSE TO DEFENDANTS’
NOTICE OF FILING OF
EXECUTIVE ORDER

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On March 6, 2017, Defendants filed a “Notice of Filing of Executive Order.” ECF No.
108. Defendants attached an Executive Order dated March 6, 2017 entitled “Protecting the

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Nation from Foreign Terrorist Entry into the United States” (“Second Executive Order”). ECF

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No. 108-1. Defendants stated that they are “preparing to enforce the provisions” of this

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Second Executive Order beginning on March 16, 2017, because they had unilaterally

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STATE OF MINNESOTA’S RESPONSE TO
DEFENDANTS’ NOTICE OF FILING

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ATTORNEY GENERAL OF MINNESOTA
445 Minnesota St., Suite 1100
St. Paul, MN 55101
[phone]

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determined that “[t]his Court’s injunctive order does not limit the Government’s ability to

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immediately begin enforcing” the Second Executive Order. ECF No. 108 at 1, 14.

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In response, Plaintiff State of Minnesota writes separately to point out that, under

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applicable caselaw, Defendants cannot unilaterally modify a preliminary injunction.

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preliminary injunction remains in effect until it is modified or dissolved by the Court. See

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Sharp v. Weston, 233 F.3d 1166, 1170 (9th Cir. 2000) (party seeking relief from injunction

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“bears the burden of establishing that a significant change in facts or law warrants revision or

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dissolution of the injunction”). The appropriate procedure therefore is for Defendants to file a

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motion to modify the preliminary injunction if they seek to change it.

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DATED this 9th day of March, 2017.

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Respectfully submitted,

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LORI SWANSON
Attorney General
State of Minnesota

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/s/ Jacob Campion
ALAN I. GILBERT (admitted pro hac vice)
Solicitor General
Atty. Reg. No. 0034678
JACOB CAMPION (admitted pro hac vice)
Assistant Attorney General
Atty. Reg. No. 0391274
445 Minnesota Street, Suite 1100
St. Paul, Minnesota 55101-2128
[phone]
[e-mail]
[e-mail]

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STATE OF MINNESOTA’S RESPONSE TO
DEFENDANTS’ NOTICE OF FILING

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ATTORNEY GENERAL OF MINNESOTA
445 Minnesota St., Suite 1100
St. Paul, MN 55101
[phone]

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CERTIFICATE OF SERVICE

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I hereby certify that on March 9, 2017, I electronically filed the foregoing State of

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Minnesota’s Response to Defendants’ Notice of Filing of Executive Order using the Court’s

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CM/ECF system, causing a notice of filing to be served upon all counsel of record.

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Dated: March 9, 2016
/s/ Jacob Campion
JACOB CAMPION

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STATE OF MINNESOTA’S RESPONSE TO
DEFENDANTS’ NOTICE OF FILING

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ATTORNEY GENERAL OF MINNESOTA
445 Minnesota St., Suite 1100
St. Paul, MN 55101
[phone]