Case: Washington & Minnesota v. Trump

2:17-cv-00141 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 30, 2017

Closed Date: Nov. 9, 2018

Clearinghouse coding complete

Case Summary

Washington Attorney General Bob Ferguson filed this federal lawsuit on January 30, 2017 against President Trump’s January 27, 2017, Executive Order (EO-1) barring legal immigrants and refugees from seven majority-Muslim countries from entering the U.S. and barring Syrian refugees indefinitely. The State filed a complaint and an emergency motion for a temporary restraining order in the U.S. District Court for the Western District of Washington. The State of Minnesota also signed on as a plaintif…

Washington Attorney General Bob Ferguson filed this federal lawsuit on January 30, 2017 against President Trump’s January 27, 2017, Executive Order (EO-1) barring legal immigrants and refugees from seven majority-Muslim countries from entering the U.S. and barring Syrian refugees indefinitely. The State filed a complaint and an emergency motion for a temporary restraining order in the U.S. District Court for the Western District of Washington. The State of Minnesota also signed on as a plaintiff.

The complaint argued that the state had an interest in protecting the “health, safety, and well-being of its residents” and “ensuring that its residents are not excluded from the benefits that flow from participation in the federal system.” A series of declarations also filed that day from officials at Washington State University, Amazon.com, Expedia, and the University of Washington all articulated the negative impact their students and employees, as well as the overall institutions, would experience as a result of EO-1. The complaint alleged that the order violated Fifth Amendment equal protection and due process rights, the First Amendment Establishment Clause, the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act. The plaintiffs sought declaratory and injunctive relief and a temporary restraining order. The case was assigned to Judge James Robart.

On February 3, 2017, the court granted the temporary restraining order. By its explicit terms, the court’s order applied nationwide and operated against the 7-country travel limits, the 120-day stay on the U.S. refugee program, and the indefinite ban on Syrian refugees. As a result, U.S. Customs and Border Protection (CBP) began to let people on planes and into the country.

Late in the evening on February 4, the Department of Justice sought a stay of Judge Robart's TRO pending appeal in the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit denied an immediate stay and set an expedited briefing schedule. The plaintiffs' opposition and the government's reply were both due February 6.

The plaintiffs' opposition included a sworn declaration by 10 former national security officials (Madeleine K. Albright, Avril D. Haines, Michael V. Hayden, John F. Kerry, John E. Mclaughlin, Lisa O. Monaco, Michael J. Morell, Janet A. Napolitano, Leon E. Panetta, Susan E. Rice) arguing that no particular threat justified EO-1, and that the Order undermined rather than assisted national security. Through February 6, additional organizations filed amicus briefs, and the federal government filed its reply brief. Back in the district court, the parties additionally submitted a joint status report proposing a briefing schedule for the plaintiffs' motion for a preliminary injunction.

On February 7, the Ninth Circuit heard oral argument on the federal government's motion to stay the TRO. On February 9, the Ninth Circuit denied the stay. The court rejected the government's argument that the EO was unreviewable and found that the government had not demonstrated that it was likely to win the case. Accordingly, the district court's restraining order, which the Ninth Circuit deemed a preliminary injunction in operation (notwithstanding the district court’s label of a TRO), remained in effect. The court set an expedited briefing schedule for the appeal of the preliminary injunction, over the course of March 2017.

On February 10, a Ninth Circuit judge requested (without prompting by any party) that the 24 judges of the Circuit vote whether to review the matter en banc. The Ninth Circuit gave the parties until February 16 to brief the court about an en banc rehearing.

After the Ninth Circuit declined to stay the TRO, the district court directed the parties to file a joint status update by February 12. In a telephone conference on February 13, the government explained that it planned to pursue further review in the Ninth Circuit and sought to stay any further proceedings in the district court. The plaintiffs urged the district court to "proceed directly to discovery." The next day, the court ordered the parties to proceed with the litigation while the government’s appeal was pending with the Ninth Circuit and directed the parties to proceed to discovery. 

Just a day later, however, the government changed its mind about its plans. In a filing in the Ninth Circuit, it explained that:

"Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns. In so doing, the President will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation. Under the unusual circumstances presented here—including the extraordinarily expedited proceedings and limited briefing to the panel, the complexity and constitutional magnitude of the issues, the Court’s sua sponte consideration of rehearing en banc, and respect for the President’s constitutional responsibilities—the government respectfully submits that the most appropriate course would be for the Court to hold its consideration of the case until the President issues the new Order and then vacate the panel’s preliminary decision."

En banc proceedings before the court were then stayed pending further orders.

Meanwhile, the State of Oregon filed a motion to intervene on February 22. Oregon argued that "the States of Washington and Minnesota are not in a position to speak to the injuries suffered in Oregon" and that "[i]f Washington and Minnesota prevail in this case, as they should, it is possible that this Court may craft a more limited remedy, short of a nationwide injunction, that will not address the harm to Oregon’s unique sovereign interests."

On Feb. 24, the government filed a motion in the Ninth Circuit to hold proceedings in abeyance pending further order of the court. The government argued that the court's order staying en banc proceedings "reflects the appropriateness of awaiting further developments before committing further resources of the parties or the Court to appellate litigation." The plaintiffs, pointing to the apparent misunderstanding between the Department of Justice and the Administration concerning whether EO-1 would be repealed and replaced, argued that the motion to hold proceedings in abeyance should be denied and appellate briefing on the merits of the preliminary injunction should continue as planned. The Ninth Circuit denied the motion to hold proceedings in abeyance on February 27.

On March 6, however, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2). That day, the government filed notice of the new Order and, the next day, the government moved to dismiss its Ninth Circuit appeal. The plaintiffs consented, and the court granted the motion on March 8. On March 15, the Court denied en banc review and, explaining that no party had formally moved for vacatur, retained the opinion rejecting the stay as a precedential, published opinion. Several attached opinions expressed the view that the panel opinion was wrong. Two judges filed concurrences emphasizing that the dissents were addressing issues not before the court, since the appeal had been withdrawn. (The formal mandate ending appellate jurisdiction issued on Mar. 24.)

Back in the district court, the court granted the State of Oregon's Motion to Intervene on March 9. On the same day, both of the original plaintiffs filed a response to EO-2. The State of Washington argued that the President could not evade an injunction by simply withdrawing EO-1 and replacing it with EO-2. More specifically, Washington argued that two of the second EO's provisions, (1) the 90-day ban on entry of persons from several Muslim-majority countries; and (2) the 120-day suspension of the U.S. Refugee Admissions Program, were simply reinstated versions of provisions that the court had already enjoined. Washington argued that the court should confirm that its original injunction continues to apply to the reissued provisions. Minnesota noted in its response that the government could not unilaterally modify a preliminary injunction by issuing a new executive order.

The district court issued an order on March 10. In it, the court noted that, though the parties had respectively filed a "notice" and a "response" regarding EO-2, neither party had filed a motion to either modify or enforce the injunction. The court declined to decide any of the issues raised in the parties' filings until a motion was filed. The court further declined to resolve the parties' dispute regarding the applicability of the prior injunction to EO-2 until the plaintiffs filed an amended complaint.

Following those instructions, the plaintiffs filed a motion to amend their complaint, along with an emergency motion to enforce the court's February 3 preliminary injunction. The proposed second amended complaint was on behalf of Washington, California, Maryland, Massachusetts, New York, and Oregon. In the amended complaint, the plaintiffs contended that EO-2 violated the First, Fifth, and Tenth Amendments, as well as the Immigration and Nationality Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act. The plaintiffs—arguing that EO-2 would have a detrimental impact on state operations related to tourism and hospital and university recruiting—sought declaratory and injunctive relief against sections 2(c), 3(c), 5(a)-(e), 6(a), and 6(b) of the Order. The court ordered the government to file a response to the plaintiffs' emergency enforcement motion by the end of the day on March 14. In its response, the government argued that the court's injunction was specific to EO-1, and that the provisions of EO-2 were "substantially different" than the previously-enjoined provisions.

On March 15, as a backup should the court decline to rule on its March 13 emergency motion, the plaintiffs filed an emergency motion for a temporary restraining order. The plaintiff’s, rather than presenting new substantive arguments, stated that they “joined fully in the arguments for emergency relief advanced by the plaintiffs in Ali v. Trump,” a related case in which Judge Robart was set to adjudicate a similar emergency motion. In Hawaii v. Trump, another federal case about EO-2 filed on March 15, the U.S. District Court for the District of Hawaii granted a temporary restraining order that enjoined the implementation of Sections 2 and 6 of the new Order nationwide. This was the first national injunction of EO-2.

On March 16, the district court in this case allowed the plaintiffs to file their second amended complaint, described above, but denied the plaintiffs' emergency motion to enforce the court's prior preliminary injunction against Sections 2(c) and 6(a) of EO-2. The court referred to the "substantial distinctions" between EO-1and EO-2, namely EO-2’s delayed implementation, its exclusion of Iraq in the list of banned countries, and its elimination of the religious minority preference. On March 17, the court stayed the plaintiffs' motion for a TRO so long as the TRO entered in Hawaii v. Trump or a preliminary injunction of equal scope remained in effect. The court noted that, should circumstances change such that lifting the stay is warranted, either party could move to do so.

The government appealed Hawaii v. Trump to the Ninth Circuit on March 30. On the same day, it also filed a motion to stay district court proceedings in the present case pending resolution of that appeal. The plaintiffs disagreed, asking for a discovery plan and briefing deadlines. The court did not rule on the motion to stay but postponed the government’s deadline to respond to the second amended complaint until seven days after the court ruled on that motion. On May 17, the court granted defendants' motion to stay all proceedings in the case, pending resolution of the Hawaii v. Trump appeal. Any party could have moved to lift the stay should circumstances have warranted it.

The Supreme Court was set to hear both Hawaii and IRAP v. Trump on October 10. EO-2, however, expired on September 24. That same day, the Trump Administration signed Proclamation 9645 (EO-3) indefinitely restricting travel from the following eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. The Supreme Court cancelled the October 10 hearing and remanded the case, as the challenge was mooted.

Back in district court, the plaintiffs filed a motion requesting that the district court lift the May 17 stay and allow the plaintiffs to file an amended complaint and seek emergency relief against EO-3 in the form of a temporary restraining order. On October 12, the federal government filed a notice of its intent to oppose the TRO. That same day, Judge Robart granted the plaintiffs' motion to lift the stay and to amend their complaint. The court scheduled a hearing for October 30 on the TRO motion. The court directed the defendants to submit their response by October 23 and the plaintiffs to reply by October 26.

The plaintiffs filed their third amended complaint on October 16. They argued that EO-3 would prevent state residents—including U.S. citizens and lawful permanent residents—from seeing spouses, parents, or other family members; would cause the states' colleges and universities to lose students, tuition revenue, and faculty/staff; would cause the states to lose tourism revenue; would deny the states' hospitals the opportunity to compete for top medical residents and physicians; would cost the states' businesses talented job applicants and revenue; would cause the states to lose tax revenue; and would undermine the states' sovereign interests in maintaining the separation between church and state, upholding the states' non-discrimination policies, and remaining "welcoming place[s] for immigrants."

On Oct. 17, the plaintiffs filed a notice with the court. In light of the Hawaii district court's Oct. 17 order granting a nationwide temporary restraining order against EO-3, the plaintiffs asked the court to (1) maintain the Oct. 30 hearing date and issue a ruling on the states' motion even though preliminary relief had been granted in Hawaii and (2) to treat the states' motion for a TRO as a motion for a PI. The plaintiffs emphasized the number of people that they represented who would be harmed by EO-3 and argued that their harms are different in both degree and kind from those presented in other cases. 

Shortly thereafter, the government filed its response brief arguing that the plaintiffs' challenges were not justiciable, that EO-3 fit within the President's broad constitutional and statutory authority to suspend the entry of aliens abroad, and that EO-3 was constitutional because it provided a facially legitimate and bona fide reason for excluding aliens and did not violate the Establishment and Equal Protection clauses. On Oct. 27, the district court stayed its decision on the plaintiffs' TRO motion so long as the preliminary injunction in Hawaii "or a [preliminary injunction] of identical or broader scope" remained in place.

On November 13, 2017, the Supreme Court denied the plaintiffs' February 11 petition for a writ of certiorari. However, the Supreme Court heard and decided Hawaii––which came back up after the issuance of EO-3––in favor of the government, holding that the executive branch had broad discretion over suspending immigration. As a result of the Supreme Court’s opinion in Hawaii and after very little other activity, Washington gave notice of voluntary dismissal on November 5, 2018, though the other states remained parties. The remaining states voluntarily dismissed the case on November 9. The case is now closed.

Summary Authors

Virginia Weeks (1/31/2017)

Julie Aust (11/28/2017)

Jamie Kessler (2/14/2017)

Ava Morgenstern (2/23/2017)

Virginia Weeks (11/12/2018)

Eva Richardson (4/22/2019)

Evan Gamza (5/21/2022)

Related Cases

Arab American Civil Rights League (ACRL) v. Trump, Eastern District of Michigan (2017)

Hawaii v. Trump, District of Hawaii (2017)

International Refugee Assistance Project (“IRAP”) v. Trump, District of Maryland (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4577101/parties/state-of-washington-v-trump/


Judge(s)

Bea, Carlos T. (California)

Berzon, Marsha Siegel (California)

Bybee, Jay S. (Nevada)

Canby, William Cameron Jr. (Arizona)

Clifton, Richard R. (Hawaii)

Friedland, Michelle Taryn (California)

Kozinski, Alex (California)

Reinhardt, Stephen Roy (California)

Robart, James L. (Washington)

Thomas, Sidney Runyan (Montana)

Judge(s)

Bea, Carlos T. (California)

Berzon, Marsha Siegel (California)

Bybee, Jay S. (Nevada)

Canby, William Cameron Jr. (Arizona)

Clifton, Richard R. (Hawaii)

Friedland, Michelle Taryn (California)

Kozinski, Alex (California)

Reinhardt, Stephen Roy (California)

Robart, James L. (Washington)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Berman, Steve W. (Washington)

Boodoo, Jesse M. (Massachusetts)

Casey, Meghan Kathleen (Maryland)

Chien, Marsha Jade (California)

Egeler, Anne Elizabeth (Washington)

Ferguson, Robert W. (Washington)

Gordon, Alexandra Robert (California)

Lawrence, Paul J. (Washington)

Marquez, Patricio (Washington)

Melody, Colleen (District of Columbia)

Monagas, Enrique Antonio (California)

Pachter, Tamar (California)

Patterson, Thomas S. (California)

Purcell, Noah Guzzo (Washington)

Rosado, Lourdes M. (Pennsylvania)

Scott, Robert A. (Maryland)

Sierra, Angela (California)

Sullivan, Steven M. (Maryland)

Swanson, Lori (Minnesota)

Volk, Andrew M. (Washington)

Woods, Douglas J. (California)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Byron, H. Thomas III (New York)

Dorsey, Catherine (District of Columbia)

Flentje, August E. (District of Columbia)

Francisco, Noel (District of Columbia)

Garg, Arjun (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Letter, Douglas (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Schwei, Daniel (District of Columbia)

Soskin, Eric J. (District of Columbia)

Sturgill, Lowell V. Jr. (District of Columbia)

Swingle, Sharon (District of Columbia)

Tyler, John Russell (District of Columbia)

Other Attorney(s)

Adams, Matthew (Matt) Hyrum (Washington)

Amdur, Spencer (New York)

Baker, Natasha J. (California)

Balderas, Hector (New Mexico)

Barajas, Lakendra (New York)

Barker, John Campbell (Texas)

Barnard, Kathleen Phair (Washington)

Barton, Richard D. (California)

Becerra, Xavier (California)

Bergman, Matthew Phineas (Washington)

Berner, Nicole (District of Columbia)

Bish, Dale (California)

Blonder, Steven P. (Illinois)

Blum, Michael (California)

Boos, Michael (District of Columbia)

Brady, William B. (Massachusetts)

Bridges, Andrew P. (California)

Calfo, Angelo J. (Washington)

Campion, Jacob (Minnesota)

Carder, Shelley A. (California)

Chang, Robert S. (Washington)

Chapman, Lamar Christopher III (Pennsylvania)

Chavez, Maria Lucia (Washington)

Chiang, Emily (Washington)

Chin, Douglas S.G. (Hawaii)

Cohen, Andrew M. (California)

Collins, Kristin (California)

Connors, Tiffany Scott (Washington)

Crow, Melissa E. (District of Columbia)

Cuenin, Ari (Texas)

Cushing, Matthew R. (New York)

Daniels, Joshua M. (Massachusetts)

Dasgupta, Anisha (New York)

Davis, Claire Loebs (Washington)

Decter, Caren (New York)

DeMarchi, Virginia K. (California)

Denn, Matthew P. (Delaware)

Deutsch, Michelle Tamara (Arizona)

Dewar, Elizabeth N. (Massachusetts)

Donovan, Thomas J. Jr. (Vermont)

Evanson, Kymberly K. (Washington)

Feder, Meir (District of Columbia)

Fellmeth, Aaron (Arizona)

Fiur, Seth D. (New York)

Foster, Joseph A. (New Hampshire)

Frahn, Harrison [Buzz] (California)

Freeman, Steven M. (New York)

Frosh, Brian E. (Maryland)

Gelernt, Lee (New York)

Gilbert, Alan I. (Minnesota)

Girard, Bradley (District of Columbia)

Goldman, Jonathan Scott (Pennsylvania)

Goodfriend, Howard M. (Washington)

Graunke, Kristi L. (Georgia)

Guidry, Kimberly T. (Hawaii)

Hafetz, Jonathan L. (New York)

Hall, Kendra J. (California)

Hamer, Alison M. (California)

Hantman, Daniel (Illinois)

Haratunian, Melanie (Massachusetts)

Harris, John Barney (New York)

Healey, Maura T. (Massachusetts)

Healy, Valeria Calafiore (New York)

Henning, Nicole (New York)

Herring, Mark R. (Virginia)

Hughes, Paul W. (District of Columbia)

Iglitzin, Dmitri (Washington)

Jadwat, Omar C. (New York)

Jepsen, George (Connecticut)

Johnson, Robert Alan (New York)

Jones, Lauren A. (New York)

Kalama, Donna H. (Hawaii)

Kaplan, Scott J. (Oregon)

Katskee, Richard B. (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Keeney, Melanie Gurley (Missouri)

Keller, Scott A. (Texas)

Kenney, Mary (District of Columbia)

Kilmartin, Peter F. (Rhode Island)

Klayman, Larry (District of Columbia)

Lapointe, Michelle R. (Georgia)

Le, Huan (Texas)

Lee, Melissa R (Washington)

Leigh-Dake, Erin (California)

Loew, Jonathan L. (Illinois)

Mach, Daniel (District of Columbia)

Macleod-Ball, Kristin A. (Massachusetts)

Madigan, Lisa (Illinois)

Madrid, Glenda Melinda Aldana (Washington)

Maley, Michelle L. (Washington)

Mamikonyan, Erna (California)

Marie-Iha, Deirdre (Hawaii)

Marouf, Fatma E. (Texas)

Martin, Kevin P. (Massachusetts)

Mateer, Jeffrey C. (Texas)

McKown, Aaron M. (Florida)

McMillan, Joseph M. (Washington)

Miller, Jonathan B. (Massachusetts)

Mills, Janet T. (Maine)

Mincer, Jonathan (California)

Missan, Andy (California)

Mitrokostas, Nicholas K. (Massachusetts)

Morgan, Jeremiah L. (Virginia)

Morrison, Eileen L. (Massachusetts)

Nadeau, Genevieve (Massachusetts)

Nakatsuji, Robert T (Hawaii)

Nellis, Andrew L. (District of Columbia)

Neuborne, Burt (New York)

Nolan, Terrance J. (New York)

Obus, Steven E. (New York)

Olson, William J. (Virginia)

Otner, Michael I. (New York)

Pande, Trisha S. (District of Columbia)

Parker, Jean (California)

Paxton, Ken (Texas)

Percival, Kelly M. (District of Columbia)

Pincus, Andrew J. (District of Columbia)

Racine, Karl A. (Maryland)

Realmuto, Trina (Massachusetts)

Reich, Mitchell P. (District of Columbia)

Reichlin-Melnick, Aaron (District of Columbia)

Resnik, Judith (Connecticut)

Rieders, Robert H. (California)

Robbins, Jennifer (Washington)

Rosenblum, Ellen F. (Oregon)

Roth, Charles G. (Illinois)

Rothschild, Eric J. (Pennsylvania)

Runkles-Pearson, P.K. (Oregon)

Sarasin, Joanne A. (Illinois)

Schmidt, Thomas P. (New York)

Schneiderman, Eric T. (New York)

Sekulow, Jay Alan (District of Columbia)

Seu, Carlton W.M. (Washington)

Shapiro, Edward D. (Illinois)

Shields, Rasha Gerges (California)

Silverman, Kristin W. (Washington)

Simonson, Mary Ellen (Arizona)

Sinzdak, Colleen Roh (District of Columbia)

Smith, Jessica (New York)

Soleja, Sameer (Texas)

Solomon, Benna R. (Illinois)

Solow, Sara (Pennsylvania)

Stein, Robert J. III (California)

Storck, Jason (California)

Titus, Herbert W. (Virginia)

Underwood, Barbara D. (District of Columbia)

Valiulis, Anthony C. (Illinois)

Vladeck, Stephen I (District of Columbia)

Wadsworth, Clyde James (Hawaii)

Walder, Jessica (Washington)

Wang, Cecillia D (California)

Ware, Anton (California)

Weisel, Jessica M. (California)

Williams, Victor (Maryland)

Wofsy, Cody H. (California)

Woo, Tiffany M. (New York)

Yoon, James C. (California)

Zimmerman, Erik (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Washington v. Trump

Oct. 27, 2017 Docket
186

Appellants' Motion for Voluntary Dismissal

State of Washington v. Trump

U. S. Court of Appeals for the Ninth Circuit

March 9, 2016 Pleading / Motion / Brief
1

Complaint for Declaratory and Injunctive Relief

State of Washington v. Trump

Jan. 30, 2017 Complaint
4-9

Declarations

State of Washington v. Trump

Jan. 30, 2017 Declaration/Affidavit
3

Motion for Temporary Restraining Order

State of Washington v. Trump

Jan. 30, 2017 Pleading / Motion / Brief
18

First Amended Complaint for Declaratory and Injunctive Relief

State of Washington v. Trump

Feb. 1, 2017 Complaint
19

[EFC #19] Notice of Amended Citations

State of Washington v. Trump

Feb. 1, 2017 Notice Letter
17

Plaintiff State of Washington's Supplemental Brief Regarding Standing

State of Washington v. Trump

Feb. 1, 2017 Pleading / Motion / Brief
48

Brief of Amicus Curiae Americans United for Separation of Church and State in Support of State of Washington's Amended Motion for Temporary Restraining Order

State of Washington v. Trump

Feb. 2, 2017 Pleading / Motion / Brief
26

Brief of Amicus Curiae the American Civil Liberties Union of Washington

State of Washington v. Trump

Feb. 2, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries

Kristina Daugirdas & Julian Davis Mortenson

On January 27, 2017, President Trump issued an executive order that: (1) prohibited nationals from seven majority-Muslim countries from entering the United States for ninety days; and (2) prohibited … Jan. 27, 2017 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/0E43606526937D44622281DD5B69D1B9/S0002930017000550a.pdf/president_trump_issues_executive_orders_suspending_refugee_program_and_barring_entry_by_individuals_from_specified_countri

Video of State of Washington v. Trump District Court TRO hearing

U.S. District Court for the Western District of Washington

Feb. 3, 2017 http://www.uscourts.gov/cameras-courts/state-washington-vs-donald-j-trump-et-al

9th Circuit Court of Appeals Resource Page for Stay Application

U.S. 9th Circuit Court of Appeals

State of Washington & State of Minnesota v. Trump <br /> <br />C17-0141JLR <br />Due to the level of interest in this case, this site has been created to provide access to case information. Feb. 4, 2017 https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860

The Executive Power of Political Emergency: The Travel Ban

Jill E. Family

As one of his first actions in office, President Trump chose to ban nationals of seven Muslim-majority countries from entering the United States. The announcement and implementation of this “Travel B… Nov. 19, 2018 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3251849

Muslim Americans: Do U.S. Democratic Institutions Protect Their Religious Liberty?

Engy Abdelkader

This essay presents a normative, legal and analytic discussion about the Muslim experience at the intersection of religion, law and society in contemporary America. In doing so, a demographic sketch … Dec. 26, 2018

Injunctions Restraining Enforcement of 'Muslim Ban' Executive Orders

Mark Leeming

This note summarises the steps taken in the litigation in January, February and March 2017 challenging the President's Executive Orders suspending the entry into the United States of persons from cer… Feb. 28, 2019 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3342959

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4577101/state-of-washington-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants (Receipt # 0981-4751332), filed by State of Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Purcell, Noah) (Entered: 01/30/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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Jan. 30, 2017 Clearinghouse

Notice-Other

Jan. 30, 2017 PACER
2

CIVIL COVER SHEET re 1 Complaint, ; filed by Plaintiff State of Washington. (Purcell, Noah) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP

Add and Terminate Judges

Jan. 30, 2017 PACER
3

Emergency MOTION for Temporary Restraining Order, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/30/2017, (Purcell, Noah) (Entered: 01/30/2017)

1 Proposed Order

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Jan. 30, 2017 Clearinghouse
4

DECLARATION OF NOAH PURCELL re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Purcell, Noah) (Entered: 01/30/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Jan. 30, 2017 PACER
5

DECLARATION OF ASIF CHAUDHRY of Asif Chaudhry re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
6

DECLARATION AYESHA BLACKWELL-HAWKINS of Ayesha Blackwell-Hawkins, ESQ. re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP

NOTICE to Filer: ATTACHMENT FILED SEPARATELY: In the future, please remember the Civil Cover Sheet, the Summons(es) (if applicable) and the Report Regarding Trademarks and Patents (if applicable) MUST be attachments to your initiating document. Thank you. (DJ)

Jan. 30, 2017 PACER
7

DECLARATION OF ROBERT DZIELAK of Robert Dzielak re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP

Judge James L. Robart added. (DJ)

Jan. 30, 2017 PACER
8

DECLARATION OF EMILY CHIANG of Emily Chiang re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
9

DECLARATION OF JEFFREY RIEDINGER of Jeffrey Riedinger re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP
10

MINUTE ENTRY for proceedings held before Judge Ricardo S Martinez (for Judge James L Robart)- Dep Clerk: Laurie Cuaresma; Pla Counsel: Noah Percell, Colleen Melody; Def Counsel: Michelle Bennett, John Tyler, Arjun Garge; CR: Nancy Bauer; Time of Hearing: 11:30 AM; Telephone Conference held on 1/31/2017. Court sets the following briefing schedule: Plaintiff supplemental brief re issue of standing (limit 6 page) due 2/1/17 by 6:00 PM PST; Defendants' brief (limit 30 pages) due 2/2/17 by 12:00 midnight PST. TRO Hearing set for 2/3/2017 at 02:30 PM before Judge James L. Robart. (LC) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
11

PRAECIPE TO ISSUE SUMMONS by Plaintiff State of Washington (Attachments: # 1 Summons President Trump, # 2 Summons US Dep't of Homeland Security, # 3 Summons Secretary John Kelly, # 4 Summons Acting Secretary Tom Shannon, # 5 Summons United State of America)(Purcell, Noah) (Entered: 01/31/2017)

1 Summons President Trump

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2 Summons US Dep't of Homeland Security

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3 Summons Secretary John Kelly

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4 Summons Acting Secretary Tom Shannon

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5 Summons United State of America

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Jan. 31, 2017 RECAP
12

Summonses electronically issued as to defendant(s) John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(CDA) (Entered: 01/31/2017)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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Jan. 31, 2017 PACER
13

AFFIDAVIT of Mailing of Summons and Complaint to Defendants on 1/31/2017, filed by Plaintiff State of Washington. (Melody, Colleen) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP
14

NOTICE of Appearance by attorney Anne Elizabeth Egeler on behalf of Plaintiff State of Washington. (Attachments: # 1 Certificate of Service)(Egeler, Anne) (Entered: 01/31/2017)

1 Certificate of Service

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Jan. 31, 2017 PACER
15

NOTICE of Appearance by attorney Patricio A. Marquez on behalf of Plaintiff State of Washington. (Attachments: # 1 Certificate of Service)(Marquez, Patricio) (Entered: 01/31/2017)

1 Certificate of Service

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Jan. 31, 2017 PACER
16

NOTICE of Appearance by attorney Marsha J. Chien on behalf of Plaintiff State of Washington. (Attachments: # 1 Certificate of Service)(Chien, Marsha) (Entered: 01/31/2017)

1 Certificate of Service

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Jan. 31, 2017 PACER
17

SUPPLEMENT BRIEF RE STANDING by Plaintiff State of Washington (Attachments: # 1 Exhibit Declaration of Kathy Oline, # 2 Exhibit Second Declaration of Jeffrey Riedinger, # 3 Exhibit Declaration of John Boesenberg, # 4 Exhibit Second Declaration of Asif Chaudhry, # 5 Exhibit Declaration of David Schumacher, # 6 Exhibit Declaration of Jennifer Strus)(Purcell, Noah) (Entered: 02/01/2017)

1 Exhibit Declaration of Kathy Oline

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2 Exhibit Second Declaration of Jeffrey Riedinger

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3 Exhibit Declaration of John Boesenberg

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4 Exhibit Second Declaration of Asif Chaudhry

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5 Exhibit Declaration of David Schumacher

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6 Exhibit Declaration of Jennifer Strus

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Feb. 1, 2017 Clearinghouse
18

AMENDED COMPLAINT against defendant(s) All Defendants, filed by State of Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Purcell, Noah) (Entered: 02/01/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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Feb. 1, 2017 Clearinghouse
19

AMENDMENT TO TEMPORARY RESTRAINING ORDER to 3 Emergency MOTION for Temporary Restraining Order by Plaintiffs State of Minnesota, State of Washington (Attachments: # 1 Citation Notice of Amended Citations)(Purcell, Noah) (Entered: 02/01/2017)

1 Citation Notice of Amended Citations

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Feb. 1, 2017 Clearinghouse
20

NOTICE of Appearance by attorney Michelle R. Bennett on behalf of Defendants John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Bennett, Michelle) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
21

NOTICE of Appearance by attorney Arjun Garg on behalf of Defendants John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Garg, Arjun) (Entered: 02/02/2017)

Feb. 2, 2017 PACER

Add and Terminate Attorneys

Feb. 2, 2017 PACER
22

NOTICE of Appearance by attorney Kristin W Silverman on behalf of Amicus Americans United For Church and State. (Silverman, Kristin) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
23

APPLICATION OF ATTORNEY Richard B. Katskee FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4754982 (Silverman, Kristin) (Entered: 02/02/2017)

Feb. 2, 2017 PACER

Attorney Angelo J Calfo for Americans United For Church and State added; per 22 Notice of Appearance. (vb)

Feb. 2, 2017 PACER
24

ORDER re 23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Richard B Katskee for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
25

NOTICE of Appearance by attorney Paul J Lawrence on behalf of Amicus American Civil Liberties Union of Washington (ACLU). (Lawrence, Paul) (Entered: 02/02/2017)

Feb. 2, 2017 PACER

Attorney Kymberly K. Evanson for American Civil Liberties Union of Washington (ACLU) added; per 25 Notice of Appearance. (vb)

Feb. 2, 2017 PACER
26

MOTION for Leave to File Amicus Curiae Brief, filed by Amicus American Civil Liberties Union of Washington (ACLU). (Attachments: # 1 Exhibit A) Noting Date 2/2/2017, (Lawrence, Paul) (Entered: 02/02/2017)

1 Exhibit A

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Feb. 2, 2017 Clearinghouse
27

APPLICATION OF ATTORNEY Bradley Girard FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755401 (Calfo, Angelo) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
28

APPLICATION OF ATTORNEY Eric Rothschild FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755537 (Calfo, Angelo) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
29

APPLICATION OF ATTORNEY Kelly M. Percival FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755561 (Calfo, Angelo) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
30

APPLICATION OF ATTORNEY Andrew Nellis FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755570 (Calfo, Angelo) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
31

ORDER re 27 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Bradley Girard for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
32

PROPOSED ORDER (Unsigned) re 26 MOTION for Leave to File Amicus Curiae Brief (Lawrence, Paul) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
33

Second DECLARATION of Emily Chiang filed by Amicus American Civil Liberties Union of Washington (ACLU) re 26 MOTION for Leave to File Amicus Curiae Brief (Lawrence, Paul) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
34

ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Eric Rothschild for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(JEM) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
35

ORDER re 29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kelly M Percival for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(JEM) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
36

ORDER re 30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew Nellis for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(JEM) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
37

NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the TRO hearing on 2/3/2017 at 2:30 p.m. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (AD) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
38

NOTICE of Appearance by attorney Steve W. Berman on behalf of Amicus Service Employees International Union. (Berman, Steve) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
39

NOTICE of Appearance by attorney Andrew M Volk on behalf of Amicus Service Employees International Union. (Volk, Andrew) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
40

APPLICATION OF ATTORNEY Jacob Campion FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Washington (Fee Paid) Receipt No. 0981-4756187 (Purcell, Noah) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
41

ORDER re 40 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jacob Campion for State of Minnesota, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(vb) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
42

MOTION for Leave to File Service Employees Internationsl Union's Motion for Leave to File Amicus Curiae Brief, filed by Amicus Service Employees International Union. (Attachments: # 1 Proposed Order, # 2 Exhibit A (SEIU's Amicus Brief)) Noting Date 2/2/2017, (Berman, Steve) (Entered: 02/02/2017)

1 Proposed Order

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2 Exhibit A (SEIU's Amicus Brief)

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Feb. 2, 2017 Clearinghouse
43

DECLARATION of Trisha Pande filed by Amicus Service Employees International Union re 42 MOTION for Leave to File Service Employees Internationsl Union's Motion for Leave to File Amicus Curiae Brief (Berman, Steve) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
44

NOTICE of Appearance ; filed by Amicus Law Professors. (Davis, Claire) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
45

MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Law Professors. (Attachments: # 1 Exhibit A) Noting Date 2/2/2017, (Davis, Claire) (Entered: 02/02/2017)

1 Exhibit A

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Feb. 2, 2017 Clearinghouse
46

MOTION for Leave to File Amicus Brief, filed by Amicus Washington State Labor Council. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 2/2/2017, (Robbins, Jennifer) (Entered: 02/02/2017)

1 Exhibit A

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2 Proposed Order

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Feb. 2, 2017 Clearinghouse
47

DECLARATION of Jeff Johnson filed by Amicus Washington State Labor Council re 46 MOTION for Leave to File Amicus Brief (Robbins, Jennifer) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
48

MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Americans United for Separation of Church and State. (Attachments: # 1 Proposed Order, # 2 Exhibit) Noting Date 2/2/2017, (Silverman, Kristin) (Entered: 02/02/2017)

1 Proposed Order

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2 Exhibit

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Feb. 2, 2017 Clearinghouse
49

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Americans United for Separation of Church and State (Silverman, Kristin) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
50

RESPONSE, by Defendants John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America, to 3 Emergency MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Authoritative Guidance)(Bennett, Michelle) (Entered: 02/02/2017)

1 Exhibit A - Authoritative Guidance

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Feb. 2, 2017 Clearinghouse

Attorney Claire Loebs Davis,Tiffany Scott Connors,Jessica Walder for Law Professors added; per 44 Notice-Other. (PS)

Feb. 3, 2017 PACER

Add and Terminate Attorneys

Feb. 3, 2017 PACER
51

MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Noah Purcell, Colleen Melody, Jacob Campion; Def Counsel: Michelle Bennett, John Tyler; CR: Debbie Zurn; TRO Hearing held on 2/3/2017. Opening remarks from the court. The court grants the following motions: Motion for Leave to File Amicus Curiae Brief filed by ACLU (Dkt. # 26 ); Motion for Leave to File Amicus Curiae Brief filed by Service Employees International Union (Dkt. # 42 ); Motion for Leave to File Amicus Curiae Brief filed by Amicus Law Professors (Dkt. # 45 ); Motion for Leave to File Amicus Curiae Brief filed by Washington State Labor Council (Dkt. # 46 ); Motion for Leave to File Amicus Curiae Brief filed by Americans United for Separation of Church and State (Dkt. # 48 ). The court hears from counsel re: Plaintiffs State of Washington and State of Minnesota's Emergency Motion for Temporary Restraining Order (Dkt. # 3 ) and Plaintiffs' Amendment to Motion for Temporary Restraining Order (Dkt. # 19 ). For the reasons stated on the record, the court grants Plaintiffs' Emergency Motion for Temporary Restraining Order. A written order will follow. (AD) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
52

TEMPORARY RESTRAINING ORDER by Judge James L. Robart. (AD) (Entered: 02/03/2017)

Feb. 3, 2017 Clearinghouse
53

NOTICE OF APPEAL to Ninth Circuit (17-35105) re 52 Temporary Restraining Order by Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Bennett, Michelle) Modified on 2/7/2017 - Add Ninth Circuit Court of Appeals case number (SG). (Entered: 02/04/2017)

Feb. 4, 2017 Clearinghouse
59

TIME SCHEDULE ORDER (17-35105) as to 53 Notice of Appeal filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG) (Entered: 02/07/2017)

Feb. 4, 2017 PACER
60

ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG) (Entered: 02/07/2017)

Feb. 4, 2017 RECAP
54

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for TRO held on 2/3/2017 before Judge James L. Robart.<p>Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.<p>Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at <a href= http://www.wawd.uscourts.gov target=_blank>www.wawd.uscourts.gov</a>.<p>To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504.<p> Release of Transcript Restriction set for 5/8/2017, (DZ) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
55

NOTICE of Appearance by attorney Matthew Phineas Bergman on behalf of Plaintiff Jewish Federation of Greater Seattle. (Bergman, Matthew) (Entered: 02/06/2017)

Feb. 6, 2017 RECAP
56

JOINT STATUS REPORT signed by all parties (Melody, Colleen) (Entered: 02/06/2017)

Feb. 6, 2017 Clearinghouse
61

ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG) (Entered: 02/07/2017)

Feb. 6, 2017 RECAP
57

ORDER ON BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION; plaintiffs shall file their motion for preliminary injunction no later than 11:59pm Pacific Standard Time on 2/9/17; defendants shall file their opposition to plaintiffs' motion no later than 11:59pm PST on 2/15/17; plaintiffs to file their reply in support of their motion no later than 11:59pm PST on 2/17/17 by Judge James L. Robart. (RS) Modified on 2/7/2017 to cc Ninth Circuit. (RE) (Entered: 02/07/2017)

Feb. 7, 2017 Clearinghouse
58

APPLICATION OF ATTORNEY Alan Isaac Gilbert FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Minnesota (Fee Paid) Receipt No. 0981-4759158 (Campion, Jacob) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
62

NOTICE of Appearance by attorney John R Tyler on behalf of Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Tyler, John) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
63

ORDER re 58 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alan I. Gilbert for State of Minnesota, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
64

NOTICE of Appearance by attorney Melissa R Lee on behalf of Amicus Fred T. Korematsu Center for Law and Equality. (Lee, Melissa) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
65

NOTICE of Appearance by attorney Robert Seungchul Chang on behalf of Amicus Fred T. Korematsu Center for Law and Equality. (Chang, Robert) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
66

AFFIDAVIT R. Branon filed by Plaintiff State of Washington (Melody, Colleen) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
67

AFFIDAVIT A. Chaudhry filed by Plaintiff State of Washington (Melody, Colleen) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
68

ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. For The foregoing reasons, the emergency motion for a stay pending appeal is DENIED.(SG) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
69

ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. The motions for leave to file amicus curiae briefs, to file a substitute or amended amicus curiae brief, and for an extension of time to file an amicus curiae brief, are granted. (SG) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
70

LETTER from Plaintiffs re Briefing (Purcell, Noah) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
79

MOTION to Intervene and Notice of Counter Claim for Damages, filed by Intervenor Defendant James J O'Hagan (filing pro se). (PM) (Entered: 02/14/2017)

Feb. 9, 2017 PACER
71

ORDER REGARDING THE STATE OF WASHINGTON'S FEBRUARY 9, 2017, LETTER dkt 70 ; the parties are directed to submit a joint status report no later than Sunday, 2/12/17 at 11:59pm, Pacific Standard Time. The court also schedules a telephone conference on Monday, 2/13/2017 at 11:00 AM, PST, to discuss the parties' JSR by Judge James L. Robart. (RS) (Entered: 02/10/2017)

Feb. 10, 2017 RECAP
72

The telephone conference scheduled for Monday, February 13, 2017, at 11:00 a.m. PST will be conducted in Courtroom 14106 before Judge James L. Robart. (AD) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
73

ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. The briefs should be filed on or before 11:00 a.m., Pacific time, on Thursday, February 16. The supplemental briefs shall be filed electronically and consist of no more than 14,000 words. See General Order 5.4(c)(3). (RE) (Entered: 02/10/2017)

Feb. 10, 2017 RECAP
74

MINUTE ORDER by Judge James L. Robart. At Defendants' request, the court held a telephone conference concerning the Order Regarding the State of Washington's February 9, 2017, Letter ("Order"). (Order (Dkt. # 71 ).) Colleen M. Melody of the Washington State Attorney General's Office appeared on behalf of Plaintiffs. Michelle R. Bennett of the United States Department of Justice, Civil Division of Federal Programs, appeared on behalf of Defendants. During the telephone conference, Defendants asked the court for additional time to respond to the court's Order. The court heard from counsel for both Plaintiffs and Defendants on this issue. The court GRANTS Defendants' request and MODIFIES its Order as follows: (1) Plaintiffs and Defendants shall each file a separate memorandum no later than 12:00 p.m., Pacific Standard Time ("PST") on Monday, February 13, 2017. (2) Each side's memorandum shall discuss whether the Ninth Circuit has construed the court's temporary restraining order ("TRO") (TRO (Dkt. # 52 )) as a preliminary injunction, such that additional briefing and possible evidence on a motion for preliminary injunction is no longer required in the district court, see Washington v. Trump, No. 17-35105, slip op. at 7-8, Dkt. # 134 (9th Cir. 2017) ("[W]e believe... that the TRO should be considered to have the qualities of a reviewable preliminary injunction."); or whether the parties should submit additional briefing and evidence in the district court concerning the issue of a preliminary injunction, see Fed. R. Civ. P. 65(b)(3). (3) The parties shall limit the length of their memoranda to eight pages. (4) The court RESCHEDULES the telephonic hearing previously set at 11:00 a.m., PST, on Monday, February 13, 2017 (see Order at 2), to 3:00 p.m., PST, on Monday, February 13, 2017. (AD) (Entered: 02/10/2017)

Feb. 10, 2017 RECAP
75

MEMORANDUM Re: NInth Circuit Construal of TRO as Preliminary Injunction by Plaintiffs State of Minnesota, State of Washington (Melody, Colleen) (Entered: 02/13/2017)

Feb. 13, 2017 Clearinghouse
76

MEMORANDUM re 74 Minute Order,,,,,,,, Set/Reset Hearings,,,,,,, by Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America (Bennett, Michelle) (Entered: 02/13/2017)

Feb. 13, 2017 Clearinghouse
77

MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Colleen Melody for State of WA; Alan Gilbert and Jacob Campion for State of MN; Def Counsel: Michelle Bennett; CR: Nancy Bauer; Telephone Conference held on 2/13/2017. The court hears from counsel re: Plaintiffs' Memorandum (Dkt. # 75 ) and Defendants' Memorandum (Dkt. # 76 ). An oral ruling is made by the court with a written order to follow. (AD) (Entered: 02/14/2017)

Feb. 13, 2017 PACER
80

MEMORANDUM/DECLARATION filed by Intervenor Defendant James J O'Hagan re 79 MOTION to Intervene (filing pro se). (PM) (Entered: 02/14/2017)

Feb. 13, 2017 PACER
85

STRICKEN PER ORDER, DKT. 90 AMICUS CURIAE BRIEF in response to Judge Robart's TRO by Amicus Parties Northern Cheyenne Nation, Yamassee Mund Bareefan Nation, Sec Am Tek Tek Tribe, Washitaw Nation (PM) Modified on 2/16/2017 to indicate this document is stricken. (PM). (Entered: 02/14/2017)

Feb. 13, 2017 PACER
86

NOTICE OF REAL PARTY OF INTEREST JOINING OR INTERVENING AND NOTICE OF COUNTER CLAIM FOR DAMAGES filed by Intervenor Defendant James J O'Hagan (filing pro se). (Attachments: # 1 Brief of Real Party of Interest James O'Hagan, # 2 Declaration of Process Server) (PM) (Entered: 02/14/2017)

1 Brief of Real Party of Interest James O'Hagan

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2 Declaration of Process Server

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Feb. 13, 2017 RECAP
88

MOTION to Intervene, filed by Intervenor Mikki the Mime (filing pro se). (Attachments: # 1 Cover Letter) (PM) (Entered: 02/15/2017)

1 Cover Letter

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Feb. 13, 2017 RECAP
78

ORDER by Judge James L. Robart. The court concludes that the Ninth Circuit has construed the court's TRO (Dkt. # 52 ) as an appealable preliminary injunction and that further briefing or the submission of evidence concerning a preliminary injunction would not be appropriate in this court during the pendency of Defendants' appeal. However, the court ORDERS the parties to continue with other aspects of this litigation in accordance with the Federal Rules of Civil Procedure and this court's Local Civil Rules. If issues or motions subsequently arise that either party believes are inextricably bound up with the injunctive order, the court will address those motions or issues on a case-by-case basis in accordance with the case law set forth above. Finally, the court VACATES the briefing schedule set forth in its February 7, 2017, order (Dkt. # 57 ). (PM) (Entered: 02/14/2017)

Feb. 14, 2017 Clearinghouse
81

NOTICE of Appearance by attorney Emily Chiang on behalf of Amicus American Civil Liberties Union of Washington (ACLU). (Chiang, Emily) (Entered: 02/14/2017)

Feb. 14, 2017 PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the telephone conference held on 2/13/2017 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 5/15/2017, (NB) (Entered: 02/14/2017)

Feb. 14, 2017 PACER
83

ORDER by Judge James L. Robart denying James J. O'Hagan's 79 Motion to Intervene. (PM) cc: O'Hagan via the USPS (Entered: 02/14/2017)

Feb. 14, 2017 RECAP
84

ORDER REGARDING THE FILING OF AMICUS CURIAE BRIEFS by Judge James L. Robart. (PM) (Entered: 02/14/2017)

Feb. 14, 2017 RECAP
87

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 3/22/2017, FRCP 26f Conference Deadline is 3/1/2017, Initial Disclosure Deadline is 3/15/2017. (AD) (Entered: 02/15/2017)

Feb. 15, 2017 RECAP
89

ORDER by Judge James L. Robart striking James J. O'Hagan's additional documents 86 and directing the Clerk to refrain from placing any further filings of Mr. O'Hagan on the court's docket for this case, unless the filing is a motion for reconsideration of a notice of appeal of the court's order denying Mr. OHagan's motion to intervene. (PM) cc: O'Hagan via the USPS (Entered: 02/15/2017)

Feb. 15, 2017 RECAP
90

ORDER striking 85 amicus brief filed by Silver Cloud Masufir. Mr. Masufir filed it in violation of the court's order regarding the filing the amicus curiae briefs. (Order (Dkt. # 84 ).) Mr. Masufir may re-file his brief if he does so in conformity with the court's order. Signed by Judge James L. Robart. (PM) cc: Silver Cloud Masufir with copy of Dkt. 84, Order via the USPS (Entered: 02/16/2017)

Feb. 15, 2017 RECAP
91

ORDER denying Mikki the Mime's 88 Motion to Intervene. Further, the court DIRECTS the Clerk to refrain from placing any future filings by Ms. Mime on the court's docket for this case, unless the filing is a motion for reconsideration or a notice of appeal of this order. Signed by Judge James L. Robart. (PM) cc: Mikki the Mime via the USPS (Entered: 02/16/2017)

Feb. 16, 2017 RECAP

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 30, 2017

Closing Date: Nov. 9, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

States of Washington, Minnesota, California, Maryland, Massachusetts, New York, and Oregon

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Northwest Immigrant Rights Project (NWIRP)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - 2017

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Family reunification

Over/Unlawful Detention

Placement in detention facilities

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures

Family Separation

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern