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Sean D. Reyes Attorney General
STATE OF UTAH OFFICE OF THE ATTORNEY GENERAL SEAN D. REYES ATTORNEY GENERAL Spencer E. Austin Ric Cantrell Tyler R. Green Brian L. Tarbet Chief Criminal Deputy Chief of Staff Solicitor General Chief Civil Deputy August 28, 2020 Donald J. Trump The White House 1600 Pennsylvania Ave NW Washington, DC 20500 RE: H.R.4172, The National Child ID Act Dear Mr. President, First, thank you for your steadfast and continued leadership and all you do to keep families safe across America. The purpose of this letter is to ask for your support through any federal agency including the United States Department of Justice to make available funds, whether those currently identified to fight human trafficking or from other sources, to immediately fortify our defenses as parents throughout America against child exploitation, abduction and human trafficking. Statistics show that more than 800,000 children go missing each year including runaways and those abducted. That is one child gone every 40 seconds. And we are seeing those statistics rise along with child sexual abuse, exploitation and human trafficking. You recently met with our friend and NFL Hall of Fame Player Mike Singletary to discuss a program he and many other Collegiate and NFL Coaches champion called the National Child ID Program. We also support this effort as we fight daily to protect children in our role as state Attorneys General. The Child ID Program began in 1997 with the American Football Coaches Association in response to findings that parents did not have fingerprints or DNA for their children in the case of an emergency or abduction. -
August 16, 2017 the Honorable Roger Wicker Chairman Senate
August 16, 2017 The Honorable Roger Wicker Chairman Senate Subcommittee on Communications, Technology, Innovation and the Internet Committee on Commerce, Science and Transportation The Honorable Brian Schatz Ranking Member Senate Subcommittee on Communications, Technology, Innovation and the Internet Committee on Commerce, Science, and Transportation The Honorable Marsha Blackburn Chairman House of Representatives Subcommittee on Communications and Technology Committee on Energy and Commerce The Honorable Michael Doyle Ranking Member House of Representative Subcommittee on Communications and Technology Committee on Energy and Commerce RE: Amendment of Communications Decency Act Dear Chairman Wicker, Ranking Member Schatz, Chairman Blackburn, and Ranking Member Doyle: In 2013, Attorneys General from 49 states and territories wrote to Congress, informing it that some courts have interpreted the Communications Decency Act of 1996 (“CDA”) to render state and local authorities unable to take action against companies that actively profit from the promotion and facilitation of sex trafficking and crimes against children. Unfortunately, nearly four years later, this problem persists and these criminal profiteers often continue to operate with impunity. The recent news highlighting the potential complicity of online classified-ad company Backpage.com in soliciting sex traffickers’ ads for its website once again underscores the need 1850 M Street, NW to expand, not limit, the ability of all law-enforcement agencies to fight sex Twelfth Floor Washington, DC 20036 Phone: (202) 326-6000 http://www.naag.org/ trafficking.1 The undersigned Attorneys General once again respectfully request that the United States Congress amend the CDA to affirm that state, territorial, and local authorities retain their traditional jurisdiction to investigate and prosecute those who facilitate illicit acts and endanger our most vulnerable citizens. -
August 25, 2021 the Honorable Merrick Garland Attorney General
MARK BRNOVICH DAVE YOST ARIZONA ATTORNEY GENERAL OHIO ATTORNEY GENERAL August 25, 2021 The Honorable Merrick Garland Attorney General 950 Pennsylvania Ave NW Washington, DC 20530-0001 Re: Constitutionality of Illegal Reentry Criminal Statute, 8 U.S.C. § 1326 Dear Attorney General Garland, We, the undersigned attorneys general, write as chief legal officers of our States to inquire about your intent to appeal the decision in United States v. Carrillo-Lopez, No. 3:20-cr- 00026-MMD-WGC, ECF. 60 (D. Nev. Aug. 18, 2021). As you know, in that decision, Chief Judge Du found unconstitutional 8 U.S.C. § 1326, the statute that criminalizes the illegal reentry of previously removed aliens. We appreciate that you recently filed a notice of appeal, preserving your ability to defend the law on appeal. We now urge you to follow through by defending the law before the Ninth Circuit and (if necessary) the Supreme Court. We ask that you confirm expeditiously DOJ’s intent to do so. Alternatively, if you do not intend to seek reversal of that decision and instead decide to cease prosecutions for illegal reentry in some or all of the country, we ask that you let us know, in writing, so that the undersigned can take appropriate action. Section 1326, as part of the Immigration and Nationality Act of 1952, is unremarkable in that it requires all aliens—no matter their race or country of origin—to enter the country lawfully. In finding the law racially discriminatory against “Latinx persons,” Chief Judge Du made some truly astounding claims, especially considering that, under the Immigration and Nationality Act, Mexico has more legal permanent residents in the United States, by far, than any other country.1 Chief Judge Du determined that, because most illegal reentrants at the border are from Mexico, the law has an impermissible “disparate impact” on Mexicans. -
1 in the United States District Court for the District Of
Case 3:21-cv-03009-RAL Document 47 Filed 05/21/21 Page 1 of 3 PageID #: 950 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION GOVERNOR KRISTI NOEM, in her ) official capacity as the Governor of ) South Dakota, et al., ) ) Plaintiffs, ) ) v. ) Case No. 3:21-cv-03009 ) DEB HAALAND, in her official capacity ) as United States Secretary of the ) Interior, et al., ) ) Defendants. ) ) MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS The States of Kansas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and West Virginia move for leave to file the attached amicus brief in support of Plaintiffs. “A district court has inherent authority to allow amicus curiae to participate in proceedings.” Avellino v. Herron, 991 F. Supp. 730, 732 (E.D. Pa. 1998). The proposed amici have an interest in the outcome of this case because their citizens may wish to attend the Mount Rushmore fireworks display or view it on television. The States also have an interest in ensuring that the Department of Interior, which manages land within the States, makes reasoned permitting decisions, unlike the 1 Case 3:21-cv-03009-RAL Document 47 Filed 05/21/21 Page 2 of 3 PageID #: 951 arbitrary and capricious decision at issue here. Given these interests, the States respectfully request this Court grant them leave to file the attached amicus brief. Respectfully submitted, /s/ James E. Moore James E. Moore DEREK SCHMIDT Woods, Fuller, Shultz & Smith P.C. Kansas Attorney General 300 S. -
May 25, 2021 the Honorable Charles Schumer Majority Leader United
May 25, 2021 The Honorable Charles Schumer The Honorable A. Mitchell McConnell Majority Leader Minority Leader United States Senate United States Senate 322 Hart Senate Office Building 317 Russell Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 The Honorable Richard Durbin The Honorable Charles E. Grassley Chairman Ranking Member Committee on the Judiciary Committee on the Judiciary Washington, D.C. 20510 Washington, D.C. 20510 Dear Senators: The Second Amendment is the cornerstone of the Bill of Rights. It guarantees our natural God-given right to defend our lives, our families, our property, and our freedom. The confirmation of David Chipman to head the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is an attack on that right and on the millions of law-abiding gun owners across the country. As state Attorneys General, we took an oath to uphold the Constitution of the United States and protect the rights and freedoms of our constituents. These responsibilities force us to stand in opposition to Mr. Chipman’s nomination and in support of our constituents’ rights. Firearms are far beyond a hobby or a passion. They are a part of our national heritage and everyday life for tens of millions of Americans, particularly those of us who live in rural areas. We use them to hunt, protect livestock, and provide peace of mind when law enforcement may be miles away. This is why Mr. Chipman’s past affiliation with anti-gun organizations and his extreme positions on commonly owned firearms is so concerning to us as attorneys general and why he is unfit to be confirmed as head of the ATF. -
Document Future Danger (Including Past Violence Where the Same Regime Prohibited Their Right to Self-Defense), the Regime Fails Muster Under Any Level of Scrutiny
No. 20-843 In the Supreme Court of the United States NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL., Petitioners, v. KEVIN P. BRUEN, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL., Respondents. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit BRIEF OF ARIZONA, MISSOURI, ALABAMA, ALASKA, ARKANSAS, FLORIDA, GEORGIA, IDAHO, INDIANA, KANSAS, KENTUCKY, LOUISIANA, MISSISSIPPI, MONTANA, NEBRASKA, NEW HAMPSHIRE, NORTH DAKOTA, OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, WEST VIRGINIA, AND WYOMING AS AMICI CURIAE IN SUPPORT OF PETITIONERS MARK BRNOVICH ERIC S. SCHMITT Arizona Attorney Missouri Attorney General General JOSEPH A. KANEFIELD D. JOHN SAUER Chief Deputy Solicitor General BRUNN W. ROYSDEN III JEFF JOHNSON Solicitor General Deputy Solicitor General DREW C. ENSIGN Deputy Solicitor General OFFICE OF THE MISSOURI Counsel of Record ATTORNEY GENERAL ANTHONY R. NAPOLITANO Supreme Court Building Assistant Attorney General 207 West High Street OFFICE OF THE ARIZONA P.O. Box 899 ATTORNEY GENERAL Jefferson City, MO 65102 2005 N. Central Ave. (573) 751-3321 Phoenix, AZ 85004 [email protected] (602) 542-5025 [email protected] Counsel for Amici Curiae (Additional Counsel listed on inside cover) Additional Counsel STEVE MARSHALL DANIEL CAMERON Attorney General Attorney General of Alabama of Kentucky TREG TAYLOR JEFF LANDRY Attorney General Attorney General of Alaska of Louisiana LESLIE RUTLEDGE LYNN FITCH Attorney General Attorney General of Arkansas of Mississippi ASHLEY MOODY AUSTIN KNUDSEN Attorney General Attorney General of Florida of Montana CHRISTOPHER M. CARR DOUGLAS J. PETERSON Attorney General Attorney General of Georgia of Nebraska LAWRENCE G. -
No. 21-2542 in the UNITED STATES COURT of APPEALS for THE
No. 21-2542 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT KRISTI NOEM, in her official capacity as the Governor of South Dakota, et al., Plaintiffs-Appellants, v. DEB HAALAND, in her official capacity as United States Secretary of the Interior, et al. Defendants-Appellees. On Appeal from the United States District Court for the District of South Dakota (No. 21-CV-3009-RAL) Honorable Roberto A. Lange, United States District Judge AMICUS BRIEF OF KANSAS, ALABAMA, ARIZONA, ARKANSAS, INDIANA, LOUISIANA, MISSISSIPPI, MISSOURI, MONTANA, NEBRASKA, OHIO, OKLAHOMA, SOUTH CAROLINA, TENNESSEE, TEXAS, AND WEST VIRGINIA IN SUPPORT OF GOVERNOR NOEM AND REVERSAL DEREK SCHMIDT KANSAS ATTORNEY GENERAL 120 SW 10th Ave., 2nd Floor Brant M. Laue Topeka, KS 66612-1597 Solicitor General (785) 296-2215 Dwight R. Carswell [email protected] Deputy Solicitor General [email protected] Kurtis K. Wiard [email protected] Assistant Solicitor General Appellate Case: 21-2542 Page: 1 Date Filed: 09/01/2021 Entry ID: 5071917 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................................................... ii INTEREST OF AMICI CURIAE ........................................................... 1 ARGUMENT ............................................................................................ 2 I. There is a strong public interest in holding a Fourth of July fireworks display at Mount Rushmore. ...................... 2 II. The Department of Interior’s flimsy and unsupported rationale for refusing to allow a fireworks display was arbitrary and capricious. ....................................................... 4 CONCLUSION ......................................................................................... 9 CERTIFICATE OF COMPLIANCE .................................................... 11 CERTIFICATE OF SERVICE ............................................................. 11 i Appellate Case: 21-2542 Page: 2 Date Filed: 09/01/2021 Entry ID: 5071917 TABLE OF AUTHORITIES Cases Motor Vehicle Mfrs. Ass’n of U.S., Inc. -
In the United States Court of Appeals for the Ninth Circuit
Case: 19-55376, 04/01/2021, ID: 12061300, DktEntry: 145, Page 1 of 23 No. 19-55376 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT VIRGINIA DUNCAN, ET AL., Plaintiffs-Appellees, V. XAVIER BECERRA, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California, No. 17-cv-1017-BEN-JLB BRIEF OF TWENTY-TWO STATES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES ON EN BANC REHEARING Jeff Landry Mark Brnovich Louisiana Attorney General Arizona Attorney General Elizabeth B. Murrill Joseph A. Kanefield Solicitor General Chief Deputy & Chief of Staff Josiah Kollmeyer Brunn W. Roysden III Assistant Solicitor General Solicitor General Louisiana Department of Justice Michael S. Catlett 1885 N. Third Street Deputy Solicitor General Baton Rouge, LA 70804 Counsel of Record (225) 205-8009 OFFICE OF THE ARIZONA ATTORNEY GENERAL 2005 N. Central Ave. Phoenix, AZ 85004 (602) 542-7751 April 1, 2021 [email protected] Counsel for Amici States (Additional counsel listed after signature block) Case: 19-55376, 04/01/2021, ID: 12061300, DktEntry: 145, Page 2 of 23 TABLE OF CONTENTS TABLE OF AUTHORITIES .................................................................................... ii INTEREST OF AMICI CURIAE .............................................................................. 1 SUMMARY OF ARGUMENT ................................................................................ 3 ARGUMENT ........................................................................................................... -
January 12, 2021 the Honorable Jeffrey A. Rosen Acting Attorney
January 12, 2021 The Honorable Jeffrey A. Rosen Acting Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Dear Acting Attorney General Rosen: We, the undersigned state attorneys general, are committed to the protection of public safety, the rule of law, and the U.S. Constitution. We are appalled that on January 6, 2021, rioters invaded the U.S. Capitol, defaced the building, and engaged in a range of criminal conduct—including unlawful entry, theft, destruction of U.S. government property, and assault. Worst of all, the riot resulted in the deaths of individuals, including a U.S. Capitol Police officer, and others were physically injured. Beyond these harms, the rioters’ actions temporarily paused government business of the most sacred sort in our system—certifying the result of a presidential election. We all just witnessed a very dark day in America. The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself. Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked. Thank you for your consideration of and work on this crucial priority. Sincerely Phil Weiser Karl A. Racine Colorado Attorney General District of Columbia Attorney General Lawrence Wasden Douglas Peterson Idaho Attorney General Nebraska Attorney General Steve Marshall Clyde “Ed” Sniffen, Jr. Alabama Attorney General Acting Alaska Attorney General Mark Brnovich Leslie Rutledge Arizona Attorney General Arkansas Attorney General Xavier Becerra William Tong California Attorney General Connecticut Attorney General Kathleen Jennings Ashley Moody Delaware Attorney General Florida Attorney General Christopher M. -
Hawaii Continues Fight to Protect the Affordable Care Act
DEPARTMENT OF THE ATTORNEY GENERAL DAVID Y. IGE GOVERNOR CLARE E. CONNORS ATTORNEY GENERAL For Immediate Release News Release 2019-26 May 23, 2019 Hawaii Continues Fight to Protect the Affordable Care Act Attorney General Joins Coalition of 21 Attorneys General Challenging Plaintiffs’ Lack of Standing in Texas v. US HONOLULU – Attorney General Clare E. Connors, joined a coalition led by Attorney General Becerra of 20 states and the District of Columbia, in filing a response in Texas v. U.S., defending the Affordable Care Act (ACA) and the healthcare of tens of millions of Americans. The brief, filed in the U.S. Court of Appeals for the Fifth Circuit on Wednesday, argues that every provision of the ACA remains valid. It further argues that the position taken by the Trump Administration and the Texas-led coalition is legally incorrect and dangerous to our healthcare system. "This is another important step in our ongoing efforts to ensure affordable health care for Hawaii residents and millions of other Americans," Attorney General Connors said. The plaintiffs, two individuals and 18 States led by Texas, filed this lawsuit in February 2018, challenging one provision of the Affordable Care Act—the requirement that individuals maintain health insurance or pay a tax. Texas’ lawsuit came after Congress reduced that tax to zero dollars in December 2017. Opponents of the ACA had attempted and failed to repeal the ACA over 70 times since its instatement. The plaintiffs argued that this reduction in the tax made the minimum coverage provision unconstitutional. They further argued that this provision could not be “severed” from the rest of the ACA, meaning that the entire Act must be struck down. -
May 21, 2020 Hon. Nancy Pelosi Hon. Mitch Mcconnell Speaker
May 21, 2020 Hon. Nancy Pelosi Hon. Mitch McConnell Speaker Majority Leader House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Hon. Kevin McCarthy Hon. Chuck Schumer Minority Leader Minority Leader House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Hon. Jerrold Nadler Hon. Jim Jordan Chairman Ranking Member House Judiciary Committee House Judiciary Committee 2138 Rayburn House Office Bldg. 2056 Rayburn House Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 RE: Support of S. 3607, Safeguarding America’s First Responders Act of 2020 Dear Speaker Pelosi, Majority Leader McConnell, Minority Leader McCarthy, Minority Leader Schumer, Chairman Nadler and Ranking Member Jordan, As State Attorneys General, and the chief legal officers of our respective states, we encourage Congress to swiftly enact S. 3607, the Safeguarding America’s First Responders Act of 2020 (“SAFR”). Our public safety officers risk their lives every day to keep us safe but the COVID-19 pandemic has made their sacrifice clearer. As public safety officers in our states have battled the COVID-19 pandemic, they have put themselves at risk while most Americans were able to stay home. When public safety officers are called to respond, they do not know whether they are coming into contact with a person who is positive for COVID-19. We have seen harrowing stories about how public safety officers have taken heroic actions to save the lives of others, knowing that they risked infection in doing so.1 As Tampa Police Chief Brian Dugan said, “There’s no way for a 2 1850 M Street, NW police officer to do their job and not potentially be exposed to the virus.” And Twelfth Floor sadly, in many of our states, first responders have lost their lives to COVID- Washington, DC 20036 19. -
State Attorneys General, As Well As Their Partners in the Federal Government and Telecommunications Industry, Illegal Robocalls and Caller ID Spoofing
which small voice service providers would be subject to an expedited STIR/SHAKEN deadline. However, one general principle is clear—small voice service providers that “flood the network with illegal robocalls should not be permitted to take advantage of an extension aimed at mitigating hardship for good actors with limited resources.”3 Based upon the available evidence, we support the Commission’s proposed conclusion4 that a subset of small voice service providers are more often responsible for illegal robocalls, with such providers originating a high and increasing share of illegal robocalls relative to their subscriber base. Furthermore, while shortening the extension period by one year is a good starting point, we strongly encourage the Commission to require this subset of small voice providers to implement STIR/SHAKEN as soon as possible.5 Many Americans are still struggling as a result of the coronavirus pandemic, including our most vulnerable populations. Their struggles are compounded by the twin scourges of illegal robocalls and caller ID spoofing, both of which are used to perpetrate scams, including scams related to the coronavirus pandemic. For the State Attorneys General, as well as their partners in the federal government and telecommunications industry, illegal robocalls and caller ID spoofing 3 Comments of ACA, at 2; see also Comments of NTCA, at 2 (supporting attention on “bad actor” voice providers that enable robocalling and spoofing); Comments of Incompas, at 3 (supporting the targeting of the subset of providers at