DOCSLIB.ORG

Jennifer Kay Brackeen

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Jennifer Kay Brackeen Case: 18-11479 Document: 00514825821 Page: 1 Date Filed: 02/06/2019 No. 18-11479 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CHAD EVERET BRACKEEN; JENNIFER KAY BRACKEEN; STATE OF TEXAS; ALTAGRACIA SOCORRO HERNANDEZ; STATE OF INDIANA; JASON CLIFFORD; FRANK NICHOLAS LIBRETTI; STATE OF LOUISIANA; HEATHER LYNN LIBRETTI; DANIELLE CLIFFORD, Plaintiffs – Appellees v. DAVID BERNHARDT, in his official capacity as Acting Secretary of the United States Department of the Interior; TARA SWEENEY, in her official capacity as Acting Assistant Secretary for Indian Affairs; BUREAU OF INDIAN AFFAIRS; UNITED STATES DEPARTMENT OF INTERIOR; UNITED STATES OF AMERICA; ALEX AZAR, in his official capacity as Secretary of the United States Department of Health and Human Services; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendants – Appellants CHEROKEE NATION; ONEIDA NATION; QUINAULT INDIAN NATION; MORONGO BAND OF MISSION INDIANS, Intervenor Defendants – Appellants On Appeal from the United States District Court for the Northern District of Texas, No. 4:17-CV-00868 BRIEF OF AMICUS CURIAE CHRISTIAN ALLIANCE FOR INDIAN CHILD WELFARE IN SUPPORT OF APPELLEES AND AFFIRMANCE Krystal B. Swendsboe WILEY REIN LLP 1776 K Street, NW Washington, DC 20006 Phone: (202) 719-4197 Dated: February 6, 2019 [email protected] Counsel for Amicus Curiae Christian Alliance for Indian Child Welfare Case: 18-11479 Document: 00514825821 Page: 2 Date Filed: 02/06/2019 SUPPLEMENTAL STATEMENT OF INTERESTED PERSONS Pursuant to Federal Rule of Appellate Procedure 26.1 and Fifth Circuit Rule 29.2, Christian Alliance for Indian Child Welfare provides this supplemental statement of interested persons in order to fully disclose all those with an interest in this brief. The undersigned counsel of record certifies that the following supplemental list of persons and entities have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal. 1. Amicus Curiae: Christian Alliance for Indian Child Welfare. The Alliance certifies that it is a nonprofit organization. It has no corporate parent and is not owned in whole or in part by any publicly held corporation. 2. Counsel for Amicus Curiae: Wiley Rein LLP (Krystal B. Swendsboe) Dated: February 6, 2019 s/ Krystal B. Swendsboe Krystal B. Swendsboe Counsel for Amicus Curiae Christian Alliance for Indian Child Welfare i Case: 18-11479 Document: 00514825821 Page: 3 Date Filed: 02/06/2019 TABLE OF CONTENTS SUPPLEMENTAL STATEMENT OF INTERESTED PERSONS .......................... i TABLE OF AUTHORITIES ................................................................................... iii INTERESTS OF AMICUS CURIAE ......................................................................... 1 SUMMARY OF ARGUMENT ................................................................................. 3 ARGUMENT ............................................................................................................. 3 I. THE INDIAN COMMERCE CLAUSE GRANTS CONGRESS THE LIMITED POWER TO REGULATE “COMMERCE.” ................................. 4 A. The Term “Commerce,” As Used in the Constitution, Means Trade or Similar Economic Exchange. ................................................. 5 B. Limited Use of the Term “Commerce” in Other Contexts Does Not Change the Commonly Understood Meaning. ............................... 9 C. At the Very Least, the Term “Commerce” Should Be Interpreted Consistently Between the Foreign, Interstate, and Indian Commerce Clauses. .................................................................. 10 D. The Indian Commerce Clause Does Not Grant Congress Plenary Jurisdiction Over All Indian Affairs. ..................................... 11 II. THE ICWA GOES FAR BEYOND THE LIMITED SCOPE OF AUTHORITY GRANTED BY THE INDIAN COMMERCE CLAUSE. ....................................................................................................... 13 A. Family and Child Custody Matters Do Not Affect Commerce with Indian Tribes. .............................................................................. 14 B. Regulation of Family and Child Custody Matters Imposes on Authority Reserved to the States. ........................................................ 16 CONCLUSION ........................................................................................................ 17 CERTIFICATE OF COMPLIANCE ....................................................................... 19 CERTIFICATE OF SERVICE ................................................................................ 20 ii Case: 18-11479 Document: 00514825821 Page: 4 Date Filed: 02/06/2019 TABLE OF AUTHORITIES Page(s) Cases Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013) .....................................................................................passim BedRoc Ltd., LLC v. United States, 541 U.S. 176 (2004) .............................................................................................. 5 District of Columbia v. Heller, 554 U.S. 570 (2008) ......................................................................................... 4, 5 In re Burrus, 136 U.S. 586 (1890) ............................................................................................ 17 Clark v. Martinez, 543 U.S. 371 (2005) ............................................................................................ 10 Jones v. United States, 529 U.S. 848 (2000) ............................................................................................ 15 Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012) ............................................................................................ 15 Sosna v. Iowa, 419 U.S. 393 (1975) ............................................................................................ 16 Taylor v. United States, 136 S. Ct. 2074 (2016) ........................................................................................ 11 Texas Educ. Agency v. U.S. Dep’t of Educ., 908 F.3d 127 (5th Cir. 2018) ................................................................................ 5 United States v. Kagama, 118 U.S. 375 (1886) ............................................................................................ 11 United States v. Lopez, 514 U.S. 549 (1995) ................................................................................ 11, 14, 17 United States v. Morrison, 529 U.S. 598 (2000) ................................................................................ 15, 16, 17 iii Case: 18-11479 Document: 00514825821 Page: 5 Date Filed: 02/06/2019 United States v. Windsor, 570 U.S. 744 ....................................................................................................... 17 Upstate Citizens for Equal., Inc. v. United States, 199 L. Ed. 2d 372 (Nov. 27, 2017) ..................................................................... 12 Vielma v. Eureka Co., 218 F.3d 458 (5th Cir. 2000) .............................................................................. 10 Constitutional Provisions U.S. Constitution, Art. I, § 8 ...................................................................... 1, 3, 10, 13 Statutes Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901-1963 ..............................................................................passim Gun–Free School Zones Act of 1990, 18 U.S.C. § 922(q) ...................................... 14 42 U.S.C. § 13981 .................................................................................................... 15 Other Authorities Gregory Ablavsky, Beyond the Indian Commerce Clause, 124 Yale L.J. 1012 (2015) ............................................................................................ 12, 13 Jack M. Balkin, Commerce, 109 Mich. L. Rev. 1 (2010) ......................................... 9 Randy E. Barnett, The Original Meaning of the Commerce Clause, 68 U. Chi. L. Rev. 101 (2001) ..........................................................................passim Giles Jacob, A New Law-Dictionary (8th ed. 1762) .................................................. 6 Samuel Johnson, 1 A Dictionary of the English Language (J.F. Rivington, et al. 6th ed. 1785) .............................................................................. 6 Robert G. Natelson, The Legal Meaning of “Commerce” in the Commerce Clause, 80 St. John’s L. Rev. 789 (2006) .................................passim Robert G. Natelson, The Original Understanding of the Indian Commerce Clause, 85 Denv. U. L. Rev. 201 (2007) ...................................passim iv Case: 18-11479 Document: 00514825821 Page: 6 Date Filed: 02/06/2019 Robert G. Natelson & David Kopel, Commerce in the Commerce Clause: A Response to Jack Balkin, 109 Mich. L. Rev. First Impressions 55 (2010) .......................................................................................... 8 Nathan Speed, Examining the Interstate Commerce Clause Through the Lens of the Indian Commerce Clause, 87 B.U. L. Rev. 467 (2007) .................................................................................................................. 12 v Case: 18-11479 Document: 00514825821 Page: 7 Date Filed: 02/06/2019 INTERESTS OF AMICUS CURIAE1 Christian Alliance for Indian Child Welfare (“Alliance”) is a North Dakota nonprofit corporation with members in thirty-five states, including Texas and Indiana. Alliance was formed, in part, to (1) promote human rights for all United States citizens and
Load more

Recommended publications
  • Fighting for Reproductive Rights and Access to Abortion
    FIGHTING FOR REPRODUCTIVE RIGHTS AND ACCESS TO ABORTION In the past decade, state and federal attacks on reproductive rights have increased significantly. Despite this, Democratic Attorneys General (AGs) have countered these destructive laws and policies by fighting back in the courts. Roe v. Wade guarantees the right to safe and legal abortions. To ensure that that fundamental right is preserved, Democratic AGs have repeatedly supported efforts to protect meaningful access to abortion and safe reproductive healthcare. A recent NPR/PBS NewsHour/Marist polli shows that 77 percent of Americans support preserving Roe. In fact, 53 percent of Americans say they would “definitely not” vote for a candidate who would appoint Supreme Court justices who would limit or overturn Roe. Even with a partisan divide, additional polling shows that 50 percent of Republicans do not want to see Roe overturned. Standing aligned with the majority of Americans, Democratic AGs are fighting to preserve access to reproductive healthcare and safe abortions. Below are a few highlights of the actions Democratic AGs have taken on reproductive rights and abortion access: Protecting Abortion Access and Autonomy ✓ A coalition of 20 AGs led by New York Attorney General Letitia James stopped efforts by the Trump Administration to allow healthcare providers the ability to refuse lawful medical care to patients based on religious or moral grounds.ii Washington Attorney General Bob Ferguson secured a similar ruling to block the Trump Administration’s “conscience rule.” Injunctive relief from these two suits are currently providing patients across the country protections from discriminatory practices.iii California Attorney General Xavier Becerra has also brought a separate suit against the Trump Administration on this issue and has sought a preliminary injunction against the rule.iv ✓ A coalition of 16 AGs led by Illinois Attorney General Kwame Raoul filed an amicus brief in Whole Woman’s Health Alliance v.
    [Show full text]
  • ATTORNEY GENERAL of WASHINGTON Administration Division PO Box 40100.Olympia WA 98504-0100 • (360) 753-6200
    ,y eo¢~F N GE~~r go~. ~ !~o~,~`_J X02 Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Administration Division PO Box 40100.Olympia WA 98504-0100 • (360) 753-6200 July 24, 2019 The Honorable Mick Mulvaney, Director Office of Management and Budget 725 17th St NW Washington, DC 20503 The Honorable Richard Theroux, Acting Deputy Administrator Office of Information and Regulatory Affairs Office of Management and Budget 725 17th St NW Washington, DC 20503 Shannon Joyce Policy Analyst Office of Information and Regulatory Affairs Office of Management and Budget 725 17th Street NW Washington, DC 20503 Dear Director Mulvaney, Acting Deputy Administrator Theroux, and Ms. Joyce: On behalf of the States of Washington, California, Delaware, Iowa, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, the Commonwealths of Virginia, Pennsylvania, and Massachusetts, and the District of Columbia, and pursuant to Executive Order 12866, we respectfully request a meeting to discuss the public charge Notice of Proposed Rulemaking (RIN 1615-AA22) currently under your review. As the Attorneys General of states across the United States, we have significant concerns about the severe impact that this proposed rule would have on our states' residents. We will provide more detailed information in our meeting, which must be included in the administrative record for this rulemaking. We alert you now that the United States Department of Homeland Security (DHS) entirely failed to estimate the true costs of its proposed rules to our states. The proposed rules would cause extensive injury to our states' economies and to millions of our states' residents. These injuries include the loss of health insurance, access to medical care, and state food and cash benefits.
    [Show full text]
  • Dear Mr. Martin, Please See Attached in Response to Your Public Records
    From: Curtis, Christopher To: [email protected] Subject: Your Public Records Request Date: Thursday, September 10, 2020 5:10:00 PM Attachments: Angelo Martin Letter 2.pdf FACEBOOK LETTER PRESS PLAN UPDATE (Letter Attached) 8_4(JRD).pdf FACEBOOK LETTER PRESS PLAN UPDATE (AND TEMPLATE RELEASE) 8_3(JRD).pdf FB Letter - Final.pdf Multistate Letter to Facebook - sign ons due COB 7_22.pdf RE_ Multistate Letter to Facebook - sign ons due COB 7_27.pdf RE_ Multistate Letter to Facebook - sign ons due COB 7_28 .pdf RE_ Multistate Letter to Facebook - sign ons due COB 7_29 (JRD).pdf RE_ Multistate Letter to Facebook - sign ons due COB 8_4.pdf Dear Mr. Martin, Please see attached in response to your public records request. Thank you. Best, Christopher Christopher J. Curtis Chief, Public Protection Division Office of the Attorney General State of Vermont 109 State Street Montpelier, VT 05609 802-828-5586 PRIVILEGED & CONFIDENTIAL COMMUNICATION: This communication may contain information that is privileged, confidential, and exempt from disclosure under applicable law. DO NOT read, copy or disseminate this communication unless you are the intended addressee. If you are not the intended recipient (or have received this E-mail in error) please notify the sender immediately and destroy this E-mail. Please consider the environment before printing this e-mail. THOMAS J. DONOVAN, JR. TEL: (802) 828-3171 ATTORNEY GENERAL http://www.ago.vermont.gov JOSHUA R. DIAMOND DEPUTY ATTORNEY GENERAL SARAH E.B. LONDON CHIEF ASST. ATTORNEY GENERAL STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL 109 STATE STREET MONTPELIER, VT 05609-1001 September 10, 2020 Mr.
    [Show full text]
  • In the United States Court of Appeals for the Fifth Circuit ______DEFENSE DISTRIBUTED; SECOND AMENDMENT FOUNDATION, INCORPORATED
    Case: 19-50723 Document: 00515234254 Page: 1 Date Filed: 12/12/2019 NO. 19-50723 In the United States Court of Appeals For the Fifth Circuit _______________________________________ DEFENSE DISTRIBUTED; SECOND AMENDMENT FOUNDATION, INCORPORATED, Plaintiffs – Appellants v. GURBIR S. GREWAL, Attorney General of New Jersey, in his official and individual capacities; MICHAEL FEURER, City Attorney for Los Angeles, California, in his official and individual capacities; ANDREW CUOMO, Governor of New York, in his official capacity; MATTHEW DENN, Attorney General of Delaware, in his official capacity; JOSH SHAPIRO, Attorney General of Pennsylvania, in his official capacity; THOMAS WOLF, Governor of Pennsylvania, in his official capacity, Defendants – Appellees _______________________________________ On Appeal from the United States District Court for the Western District of Texas, Austin Division Civil Action No. 1:18-cv-637 APPELLEES THOMAS WOLF AND JOSH SHAPIRO’S UNOPPOSED MOTION FOR PARTIAL DISMISSAL OF APPEAL Case: 19-50723 Document: 00515234254 Page: 2 Date Filed: 12/12/2019 Appellees Thomas Wolf and Josh Shapiro, who have been sued in their official capacities as Governor and Attorney General of the Commonwealth of Pennsylvania (collectively, the “Pennsylvania Appellees”), file their Unopposed Motion for Partial Dismissal of this appeal, and would respectfully show as follows: I. BRIEF PROCEDURAL BACKGROUND In the district court, Defense Distributed and Second Amendment Foundation, Incorporated (collectively, the “Appellants”) sued the Pennsylvania Appellees and various other state and municipal public officials from New Jersey, New York, Delaware and Los Angeles, California. ROA.123-.197. Each of the public official defendants filed a motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure.
    [Show full text]
  • Cannabis Power List the 2021 Insider Tribute to the TOP 100 Influential Voices in the Cannabis Debate
    The Insider 100: Cannabis Power List The 2021 Insider tribute to the TOP 100 influential voices in the cannabis debate. Congratulations to the Garden State on legalization! 86+LJKZD\1RUWK:RRGEULGJH1- 2536 US Highway 22 East Union, NJ 07083 59 Route 35 North Eatontown, NJ 07724 www.gardenstatedispensary.com 2 Message from Jay Lassiter Cannabis POWER 2021 Welcome to the 2021 Cannabis 100 Power List P.O. Box 66 Verona, NJ 07044 [email protected] www.InsiderNJ.com Max Pizarro Editor-in-Chief [email protected] InsiderNJ's 2nd tribute to influential voices in New Jersey's long battle to end cannabis prohibition. This year's list emphasizes many whose advocacy finally made legalization happen here in New Jersey. I’ve been a cannabis user since college and if you call me a stoner that’s ok because I like to smoke pot and there’s nothing wrong with that . I’m also HIV+ so I use marijuana for medical purposes, too. My life as a cannabis activist/archivist began in earnest on April 16th 1998 in San Francisco. The exact date is memorable because an LA Times reporter was there Pete Oneglia to chronicle what shaped up to be to the first medical cannabis raid in American General Manager history. [email protected] It’s hard to properly convey how scary and traumatizing it was watching hundreds Michael Graham of medically frail AIDS patients get manhandled into the streets by lots of men with guns. Those who resisted, and there were many who did, were cuffed and hauled CEO away.
    [Show full text]
  • October 17, 2019 the Honorable Betsy Devos Secretary of the U.S
    STATE OF OREGON OFFICE OF THE ATTORNEY GENERAL STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL ELLEN F. ROSENBLUM KEITH ELLISON ATTORNEY GENERAL ATTORNEY GENERAL October 17, 2019 The Honorable Betsy DeVos Secretary of the U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202 Dear Madam Secretary: We, the Attorneys General of Oregon, Minnesota, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Virginia, Washington, and Wisconsin, respectfully request that you exercise your authority to extend the closed school discharge timeframe and take immediate action to discharge federal student loans for student borrowers who were enrolled at schools operated by Dream Center Education Holdings, LLC (“DCEH”).1 As Secretary of Education, you have discretion to relieve the student borrowers harmed as a result of the extraordinary circumstances outlined in this letter. A wide variety of regulators, including the U.S. Department of Education (“ED”), have found that DCEH violated numerous federal and state laws, was noncompliant with accreditors, and grossly mismanaged its schools—including Argosy University (“Argosy”), the Art Institutes (“Ai”), and South University (“South”)—leading to the schools’ recent closures. These closures prevented students from completing their programs of study, leaving borrowers with substantial student loan debt and nothing to show for it. Federal law provides for the discharge of federal student loan debt under the “closed school discharge” rule.2 Under closed school discharge, former students may be eligible for a 100 percent discharge of their William D.
    [Show full text]
  • Attorney General Subpoena Catholic Church
    Attorney General Subpoena Catholic Church Unmanageable and globoid Maury aluminise her gallopades admittances cinchonizing and rakees ywis. Floating and thirstiest Cy always rated backstage and wanton his deprecation. Digitiform Carmine debit: he energised his candytufts inapproachably and ceremoniously. Make sure that the googlefc property exists on the window. Please wait for the page to reload. Find out how long this wet weather is sticking around. Partly cloudy skies early. Marketplace Morning Report keeps you informed on the national and global business news that you may have missed overnight. Each episode features a diverse mix of interviews, more than twice the number as for the previous family rally held in Philadelphia three years ago. Neill, a source familiar with the investigation said Thursday. Church officials say they will cooperate. How hard would it be for the pope to announce a policy of mandatory reporting of all allegations to the civil authorities across the world? New York Attorney General Barbara Underwood subpoenaed the eight state dioceses as part of a civil investigation into how the church reviewed allegations of sexual abuse, nonprofit sex abuse survivor advocacy groups, a source with knowledge of the federal subpoena told CNN. Almost immediately, Weiser said his office would consider backing legislative changes to hold the church accountable. This is an archived article and the information in the article may be outdated. We have heard nothing since early June. Friday who acknowledged working as a guard in a Nazi concentration camp. Kevin Eckery, a Democrat, is openly gay. How do you measure up? They have broached a plan to address future age limits only.
    [Show full text]
  • 03.31.21. Calendars of Rosenstein Part 1
    January I 1, 2018 Monday All Day New Year's Day --United States 8:20AM -9:00 AM Senior Meeting --AG's Office Location: AG's office POC: Matt Whitaker Attendees: Matt Whitaker, DAG Rod Rosenstein, Danielle Cutrona,Corey Ellis , Jesse Panuccio, Ed O'Callaghan, Sarah Flores, Stephen Boyd Note: This meeting is limited to theinvited attendees only. You are not authorized to forward this invitation without prior pennission of the OAG scheduling office. If you believethat the invitation was received in error or that other individuals should beincluded, please contact the OAG scheduling office. 11:00AM -11:30 AM FISA signature --DAG's Conference room 4111 POC: Tashina Gauhar OAG: Rachael Tucker ODAG: Zach Terwilliger,Tashina Gauhar, Brendan Groves NSD: Stuart Evans, Gabriel Sanz-Rexach,�-- 12:00PM -1:00 PM Lunch w/Rachel Brand --Meet at the DAG's Office POC: Zach Terwilliger Attendees: DAG Rosenstein, ASG Brand 1 7/22/2019 8:13 AM Flannigan, Brian (OIP) January 2, 2018 I Tuesday 8:20AM-9:00 AM Senior Meeting - AG's Office Location: AG's office POC: Matt Whitaker Attendees: Matt Whitaker, DAG Rod Rosenstein, Danielle Cutrona,Corey Ellis , Jesse Panuccio, Ed O'Callaghan, Sarah Flores, Stephen Boyd Note: This meeting is limited to the invited attendees only. You are not authorized to forward this invitation without prior pennission of the OAG scheduling office. If you believe that the invitation was received in error or that other individuals should beincluded, please contact the OAG scheduling office. 9:00AM-9:45 AM Leadership Meeting - AG's ConferenceRoom POC: Matt Whitaker Attendees: Matt Whitaker, DAG Rod Rosenstein, ASG Rachael Brand, Zach Terwilliger, Jesse Panuccio, Stephen Boyd, Peter Carr, Beth Williams, Danielle Cutrona, Rachael Tucker, Brian Morrissey, Gene Hamilton, Alice Lacour, Gary Barnett,Robert Hur, Rachel Parker, Mary Blanche Hankey, Katie Crytzer and Sarah Flores Note: This meeting is limited to the invited attendees only.
    [Show full text]
  • Amended Complaint
    Case 3:20-cv-06057-RS Document 75 Filed 11/23/20 Page 1 of 92 1 XAVIER BECERRA ROBERT W. FERGUSON Attorney General of California Attorney General of Washington 2 SARAH E. MORRISON, SBN 143459 AURORA JANKE 3 Supervising Deputy Attorney General ELIZABETH HARRIS JAMIE B. JEFFERSON, SBN 197142 Assistant Attorneys General 4 JOSHUA R. PURTLE, SBN 298215 Environmental Protection Division JULIA K. FORGIE, SBN 304701 800 5th Ave Ste. 2000 TB-14 5 LANI M. MAHER, SBN 318637 Seattle, Washington 98104-3188 Deputy Attorneys General Phone: (206) 233-3391 6 1515 Clay Street, 20th Floor Fax: (206) 464-6451 7 P.O. Box 70550 [email protected] Oakland, CA 94612-0550 [email protected] 8 Phone: (510) 879-1002 Fax: (510) 622-2270 Attorneys for Plaintiff State of Washington 9 [email protected] [email protected] [Additional counsel listed on signature 10 page] 11 Attorneys for Plaintiff State of California 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 15 STATES OF CALIFORNIA, Case No. 3:20-cv-06057 WASHINGTON, COLORADO, 16 CONNECTICUT, DELAWARE, ILLINOIS, MAINE, MARYLAND, MINNESOTA, 17 NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, FIRST AMENDED COMPLAINT FOR 18 OREGON, RHODE ISLAND, VERMONT, DECLARATORY AND INJUNCTIVE RELIEF 19 AND WISCONSIN; PEOPLE OF THE STATE OF MICHIGAN; 20 COMMONWEALTHS OF (Administrative Procedure Act, MASSACHUSETTS AND 5 U.S.C. §§ 551–559, 701–706; Endangered 21 PENNSYLVANIA; TERRITORY OF Species Act, 16 U.S.C. §§ 1531–1544; GUAM; DISTRICT OF COLUMBIA; National Environmental Policy Act, 22 HARRIS COUNTY, TEXAS; CITY OF 42 U.S.C.
    [Show full text]
  • COVID-19 and the Criminal Justice System: a GLANCE Reducing and Avoiding Incarceration During a Pandemic
    FAIR AND JUST PROSECUTION Promoting justice through leadership and innovation ISSUES AT COVID-19 and the Criminal Justice System: A GLANCE Reducing and Avoiding Incarceration During a Pandemic Fair and Just Prosecution (FJP) brings together recently elected district attorneys1 as part of a network of like-minded leaders committed to change and innovation. FJP hopes to enable a new generation of prosecutive leaders to learn from best practices, respected experts, and innovative approaches aimed at promoting a justice system grounded in fairness, equity, compassion, and fiscal responsibility. In furtherance of those efforts, FJP’s “Issues at a Glance” briefs provide district attorneys with information and insights about a variety of critical and timely topics. These papers give an overview of the issue, key background information, ideas on where and how this issue arises, and specific recommendations to consider. They are intended to be succinct and to provide district attorneys with enough information to evaluate whether they want to pursue further action within their office. For each topic, Fair and Just Prosecution has additional supporting materials, including model policies and guidelines, key academic papers, and other research. If your office wants to learn more about this topic, we encourage you to contact us. SUMMARY This FJP “Issues at a Glance” brief is the first in a series examining unfolding criminal justice system responses to mitigate the public health crisis created by the novel coronavirus (COVID-19) – this brief focuses on decarceral strategies for prosecutors. The COVID-19 pandemic has become a catalyst for increased awareness about our justice system’s misguided over-reliance in recent decades on punitive “tough on crime” responses and incarceration.
    [Show full text]
  • Commonwealth of Massachusetts
    COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 1884-cv-01808 (BLS2) . ) COMMONWEALTH OF MASSACHUSETTS, ) ) Plaintiff, ) ) v. ) ) PURDUE PHARMA L.P., PURDUE PHARMA INC., ) RICHARD SACKLER, THERESA SACKLER, ) KATHE SACKLER, JONATHAN SACKLER, ) MORTIMER D.A. SACKLER, BEVERLY SACKLER, ) DAVID SACKLER, ILENE SACKLER LEFCOURT, ) PETER BOER, PAULO COSTA, CECIL PICKETT, ) RALPH SNYDERMAN, JUDITH LEWENT, CRAIG ) LANDAU, JOHN STEWART, MARK TIMNEY, ) and RUSSELL J. GASDIA ) ) Defendants ) ) COMMONWEALTH’S APPENDIX TO ITS MEMORANDUM OF LAW IN OPPOSITION TO PURDUE’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT CASES 1. State of Arkansas v. Purdue Pharma L.P., No. 60CV-18-2018 (Ark. Cir. Ct. Apr. 5, 2019) 2. State of Vermont v. Purdue Pharma L.P., No. 757-9-18 (Ver. Super. Ct. Mar. 19, 2019) 3. State of Tennessee v. Purdue Pharma L.P., No. 1-173-18 (Tenn. Cir. Ct. Feb. 22, 2019) 4. State of Delaware v. Purdue Pharma L.P., No. N18C-01-223 MMJ CCLD, 2019 WL 446382 (Del. Super. Ct. Feb. 4, 2019) 5. State of Minnesota v. Purdue Pharma L.P., No. 27-CV-18-10788 (Minn. Dist. Ct. Jan. 4, 2019) 6. Grewal, Attorney General of New Jersey v. Purdue Pharma L.P., No. ESX-C-245-17, 2018 WL 4829660 (N.J. Super. Ct. Oct. 2, 2018) 7. State of New Hampshire v. Purdue Pharma Inc., No. 217-2017-CV-00402, 2018 WL 4566129 (N.H. Super. Ct. Sep. 18, 2018) 8. State of Ohio v. Purdue Pharma L.P., No. 17 CI 261, 2018 WL 4080052 (Ohio C.P. Aug. 22, 2018) 9.
    [Show full text]
  • Appellants' Excerpts of Record Volume XVI of XXII
    Case: 19-56004, 01/27/2020, ID: 11575862, DktEntry: 24-16, Page 1 of 298 Case No. 19-56004 In the United States Court of Appeals for the Ninth Circuit ────────────────────────── STEVEN RUPP, et al., Plaintiffs-Appellants, V. XAVIER BECERRA, in his official capacity as Attorney General of the State of California, Defendant-Appellee. ────────────────────────── On Appeal from the United States District Court for the Central District of California Case No. 8:17-cv-00746-JLS-JDE ────────────────────────── APPELLANTS’ EXCERPTS OF RECORD VOLUME XVI OF XXII ────────────────────────── C.D. Michel Sean A. Brady Anna M. Barvir MICHEL & ASSOCIATES, P.C. 180 East Ocean Boulevard, Suite 200 Long Beach, CA 90802 (562) 216-4444 [email protected] Attorneys for Plaintiffs-Appellants January 27, 2020 Case: 19-56004, 01/27/2020, ID: 11575862, DktEntry: 24-16, Page 2 of 298 Under Federal Rules of Appellate Procedure for the Ninth Circuit, rule 30-1, Plaintiffs-Appellants Steven Rupp, Steven Dember, Cheryl Johnson, Michael Jones, Christopher Seifert, Alfonso Valencia, Troy Willis, Dennis Martin, and California Rifle & Pistol Association, Incorporated, by and through their attorney of record, confirm to the contents and form of Appellants’ Excerpts of Record. Date: January 27, 2020 MICHEL & ASSOCIATES, P.C. s/ Sean A. Brady Sean A. Brady Attorneys for Plaintiffs/Appellants Steven Rupp, et al. i Case: 19-56004, 01/27/2020, ID: 11575862, DktEntry: 24-16, Page 3 of 298 INDEX TO APPELLANTS’ EXCERPTS OF RECORD VOLUME I Dkt Date Document Description Page
    [Show full text]