Brief in Support of Motion for Leave to File Brief Of
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E-Filed Document Jul 29 2013 17:11:24 2013-M-01220-SCT Pages: 6 NO. 2013-M-01220-SCT IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI STATE OF MISSISSIPPI Petitioner V. ROBERT SHULER SMITH, ET AL. Respondent On Appeal From The Circuit Court of Hínds County, Mississippi BRIEF IN SUPPORT OF MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE IN SUPPORT OF THE STATE OF MISSISSIPPI'S COMBINED PETITION FOR INTERLOCUTORY APPEAL AND MOTION TO VACATE PERMANENT INJUNCTION BY CERTAIN NAMED MISSISSIPH LEGISI..4TOR^S, IN THEIR OFFICIAL CAPACITY COME NO'W, The following members of the Mississippi House of Representatives, The Honorable Speaker of the House Phillip Gunn, The Honorable Speaker Pro Tempore Greg Snowden, The Honorable Representative Herb Frierson, The Honorable Representative Andy Gipson, The Honorable Representative William Shirley, The Honorable Representative Gary Chism, The Honorable Representative Dennis DeBar, Jr., The Honorable Representative Mark Baker, The Honorable Representative Becky Currie, The Honorable Representative Lany Byrd, The Honorable Representative Mark Formby, The Honorable Representative John L. Moore, The Honorable Representative Chris Brown, The Honorable Representative Randy Rushing, The Honorable Representative Ken Morgan, The Honorable Representative Steve Massengill, The Honorable Representative Pat Nelson, The Honorable Representative Doug Mcleod, The Honorable Representative Randy P. Boyd, The Honorable Representative Bill Denny, The Honorable Representative Richard Bennett, The Honorable Representative Joey Hood, The Honorable Representative Mac Huddleston, The Honorable Representative Rita Martinson, The Honorable Representative Sam C. Mims, V., The Honorable Representative Bobby B. Howell, The Honorable Representative Charles Busby, The Honorable Representative Tom Weathersby, The Honorable Representative \Milliam Tracy Arnold, The Honorable Representative Timmy Ladner, The Honorable Representative Alex Monsour, The Honorable Representative Bubba Carpenter, The Honorable Representative Charles Jim Beckett, The Honorable Representative Hank Lott, The Honorable Representative Ray Rogers, The Honorable Representative Gary V. Staples, The Honorable Representative Brent Powell, The Honorable Representative Tommy Taylor, The Honorable Representative Jerry R. Turner, The Honorable Representative Donnie Bell, The Honorable Representative C. Scott Bounds, The Honorable Representative Bill Kinkade, The Honorable Representative Stephen A. Horne, The Honorable Representative Jason White, The Honorable Representative Jeffrey S. Guice, The Honorable Representative Preston E. Sullivan, The Honorable Representative Gene Alday, The Honorable Representative Michael T. Evans, The Honorable Representative Casey Eure, The Honorable Representative Henry Zrtbet, III, The Honorable Representative Patricia H. Willis, The Honorable Representative Jeffrey C. Smith, The Honorable Representative Manly Barton, The Honorable Carolyn Crawford, The Honorable Margaret Rogers, The Honorable Brad Mayo, The Honorable Jody Steverson;; AND the following members of the Mississippi State Senate, The Honorable President Pro-Tempore Terry Brown, The Honorable Senator Giles K. Ward, The Honorable Senator Nickey Browning, The Honorable Senator Terry C. Burton, The Honorable Senator Videt Carmichael, The Honorable Senator Eugene S. (Buck) Clarke, The Honorable Senator Nancy Collins, The Honorable Senator Sally Doty, The Honorable Senator Phillip Gandy, The Honorable Senator Thomas A. Gollott, The Honorable Senator Josh Harkins, The Honorable Senator Angela Burks Hill, The Honorable Senator Gary Jackson, The Honorable Senator Russell Jolly, The Honorable Senator Will Longwitz, The Honorable Senator Chris Massey, The Honorable Senator Chris McDaniel, The Honorable Senator Philip Moran, The Honorable Senator John A. Polk, The Honorable Senator Tony Smith, The Honorable Senator Melanie Sojourner, The Honorable Senator Gray Tollison, The Honorable Senator Michael Watsono and The Honorable Senator Brice Wiggins; hereinafter the "Named Mississippi Legislators," respectfully move this Court, pursuant to Miss. R. App. 29(a), for leave to submit art amicus curiae brief in support of the State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction (hereinafter the "Petition") and would show: l. It has long been the standard under Mississippi law that: A motion for leave to file an amicus brief should demonstrate that (1) the amicus has interest in some other case involving a similar question; or (2) counsel for a party is inadequate or the brief insufficient; or (3) there are matters of fact or law which may otherwise escape the court's attention; or (4) the amicus has substantial legitimate interests that will likely be affected by the outcome of the case and which interests will not be adequately protected by those already parties to the case. The court may in its discretion allow an amicus to participate in oral argument. Cooper v. City of Picayune, 511So.2d 922,924 (Miss. l98l); a/so Miss. R. App. P.29(a). 2. The above Named Mississippi Legislators satisfy this standard for at least the following reasons. r. The Named Mississippi Lesislators Have a Substantial and Legitimate Interest in This Case. This Court may take judicial notice that the Named Mississippi Legislators have a legitimate and substantial interest in the outcome of this case. This case represents a direct challenge to the authority and the validity of a duly enacted piece of legislation, enacted under the Legislators enumerated constitutional powers. See Miss. Const. art. IV, $ 33 ("[t]he legislative power of this state shall be vested in a legislature which shall consist of a senate and a house of representatives.) Se¿ Miss. Const. art. III, $ 12 ("[t]he right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid canying concealed weapons. ") Secondly, it is of utmost importance that this Court accept and grant the Petition as the Constitutional questions that have been raised by the Plaintiffs, and ruled upon by the lower court, have raised serious questions of legislative authority and the rights afforded by the United States Constitution and Mississippi Constitution to the citizens of Mississippi to keep and bear arrns. Further, Plaintiffs have confused and conflated policy issues and hypotheticals with the legislative authority to enact laws. b. There are Matters of Fact or Law Which May Otherwise Escape the Court's Attention. The Named Mississippi Legislators, as those members whom voted for, debated and otherwise enacted the bill in question, HB2, desire to assist this Honorable Court with the requisite knowledge of the legislative history of HB2, the debate had on the bill, the understanding of the Legislators' limitations on the authority to regulate "open carrt'' and the "why''HB2 was enacted. As such, without the Named Mississippi Legislators as amicus curiae, matters of fact or law may otherwise escape this Court's attention. The Named Mississippi Legislators are in the best position to offer to this Honorable Court the necessary information, including the legislative history perspective of HB2, and because they are not parties to this case, absent the grant of amicus curiae status, this Court will be deprived of important input from these non-parties. At this juncture, the Named Mississippi Legislators are seeking only to file a brief as amicus curiae, in support of the State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction. WHEREFORE, PREMISES CONSIDERED, the Named Mississippi Legislators, in their official capacity, respectfully move this Court for leave to submit an amicus curiae brief in support of the State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction. A copy of the Named Mississippi Legislators proposed amicus curiae brief in support of the State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction is attached hereto as Exhibit "A." THIS the29th day of July,20l3. THE NAMED MISSISSIPPI LEGISLATORS By: D. Stamboulieh (MSB# 102784) THEIR ATTORNEY OF COUNSEL: MITCHELL DAY LAW FIRM, PLLC 618 Crescent Blvd, Suite 203 Ridgeland, Mississippi 391 57 (P) 601-707-4036 (F) 601-213-4176 (E) sstamboulieh@mitchellday. com ATTORNEY F OR AMICUS CURTAE THE NAMED MISSISSIPPI LEGISLATORS, IN THEIR OFFICIAL CAPACITY CERTIFICATE OF SERVICE The undersigned, attorney for the Named Mississippi Legislators, does hereby certify that he has delivered a copy of the foregoing instrument to the following with the Clerk of the Court using the Mississippi Electronic Courts system, which sent notification of such filing to each of the following: The Honorable Jim Hood Clarence T. Guhtrie As sistant Attomey General Harold E. P izzetta, III The Guthrie Law Firm, PLLC Attorney General for the State of Mississippi Post Office Box 597 Chief, Civil Litigation Division 350 Arbor Drive, Suite D Office of the Attorney General Ridgeland, MS 39157 P.O. Box 220 clarence@ guthri efi rm. com Jackson, MS 39205 jhood@aeo. state.ms.us hpizz@ago. state.ms.us Lisa Mishune Ross M. Reed }l4artz Law Offices of Lisa Mishune Ross Freeland i|l4artz, PLLC 'Woodrow 5I4E. Wilson Avenue P.O.Box2249 Building E Oxford, MS 38655-2249 Jackson, MS 39216 reed@freelandmartz. com lross@lmrossatlaw. com Further, I hereby certify that I have mailed by United States Postal Service, postage pre-paid, to the following non-MEC participants : Honorable Winston L. Kidd 407 East Pascagoula Street Jackson, MS 3920ó This, the 29th of July,2013. D. Stamboulieh (MSB# 102784).