UNITED STATES OF AMERICA, et al., Defendants-Appellees. Case No. 13-5272

MOTION OF MEMBERS OF CONGRESS THE HON. MADELEINE Z. BORDALLO AND THE HON. DONNA CHRISTENSEN FOR LEAVE TO PARTICIPATE AS AMICI CURIAE Pursuant to Circuit Rule 29, Representatives Madeleine Z. Bordallo and Donna Christensen (“Members”) hereby move for leave to participate as amici curiae in the above-captioned case in support of Appellants Leneouti F. Tuaua, et al. In support of their motion, the Members state the following: 1. This case presents an important issue of first impression in this Court:

whether individuals born in territories of the United States are granted citizenship at birth by virtue of the Citizenship Clause of the Fourteenth Amendment. This question is of great significance to the residents of American Samoa who have been classified since 1900 as United States “nationals” but not citizens, have been subject to the jurisdiction of the United States, and have served in the United States armed forces. The district court recognized the significance of this question by

granting extensive briefing and oral argument in this case. At stake are the rights and privileges of the residents of American Samoa, a longstanding United States territory, who have pledged their allegiance to this nation. Resolution of this case may impact not only American Samoa but also other United States territories and federal governance of those territories. 2. The Hon. Madeleine Z. Bordallo and the Hon. Donna Christensen are

Members of Congress representing, respectively, the United States territories of Guam and the United States Virgin Islands. The Members seek leave to participate as amici curiae to bring to the Court’s attention important issues of congressional authority in United States territories, including their own, and issues relating to the legal and political treatment of the insular territories. 1 3. Counsel for the Plaintiff-Appellants Leneouti F. Tuaua, et al., state

that their clients consent to the participation of the Members as amici curiae in this case. Counsel for Defendant-Appellee the United States of America have

indicated that should the Government’s motion for summary affirmance be denied and amici seek leave to file briefs, the United States would take no position on such motions.

The Members notify the Court that other interested parties may be added to Members’ brief as appropriate and permissible.




Accordingly, the Members respectfully request this Court grant leave

for them to participate in this case as amici curiae in support of Appellants.

DATED: January 8, 2014

Respectfully submitted, /s/ Eugene Gulland James E. Burke IV William Mensch Evans Stephen Kiehl COVINGTON & BURLING LLP 1201 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 662-6000 (202) 662-6291 (fax) Counsel for the Hon. Madeleine Z. Bordallo and the Hon. Donna Christensen


CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rules 27(a)(4) and 28(a)(1), counsel certifies as follows: A. Parties and Amici. The plaintiffs included Leneuoti F. Tuaua,

Va’Aleama T. Fosi, Fanuatanu F. L. Mamea, Taffy-Lei T. Maene, Emy F. Afalava, and the Samoan Federation of America, Inc. Mamea also brought claims on behalf of his three minor children. The defendants were the United States of America, the State Department, the Secretary of State, and the Assistant Secretary of State for Consular Affairs. Congressman Eni F.H. Faleomavaega appeared as amicus curiae in the district court. B. Rulings Under Review. The ruling under review is the

Memorandum Opinion and Order entered on June 26, 2013, by the U.S. District Court for the District of Columbia (Leon, J.), in Tuaua v. United States, No. 1201143. C. Related Cases. Counsel for the Honorable Madeleine Z. Bordallo

and the Hon. Donna Christensen is unaware of any related cases.

DATED: January 8, 2014

/s/ Eugene Gulland Counsel for the Hon. Madeleine Z. Bordallo and the Hon. Donna Christensen

CERTIFICATE OF SERVICE I hereby certify that on this 8th day of January 2014, I caused a true and correct copy of the foregoing to be filed electronically using the Court’s CM/ECF system, causing a true and correct copy to be served on all counsel of record.

DATED: January 8, 2014

/s/ Eugene Gulland Counsel for the Hon. Madeleine Z. Bordallo and the Hon. Donna Christensen