USCA Case #13-5272

Document #1474659

Filed: 01/10/2014

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UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 13-5272 (C.A. No. 12-1143) LENEUOTI FIAFIA TUAUA, et al., Appellants, v. UNITED STATES OF AMERICA, et al., Appellees. MOTION FOR LEAVE TO FILE AS AMICUS CURIAE Pursuant to D.C. Circuit Rule 29(b), Professor of Law Samuel Erman hereby moves this Court for leave to participate as an amicus curiae in support of Appellants in the above-captioned matter for the purpose of filing, when the briefing schedule is set, a separate amicus curiae brief as a scholar on matters related to the historical conception of jus soli citizenship in the United States. In support of his motion, Professor Erman states as follows: 1. This appeal involves the question of whether the Citizenship Clause of

the Fourteenth Amendment to the United States Constitution extends to U.S. nationals born in the U.S. territory of American Samoa. U.S. Const. amend. XIV, section 1. The United States District Court for the District of Columbia (Leon, J.) held that the Citizenship Clause does not guarantee birthright citizenship to American Samoans, and dismissed Plaintiffs’ claims. Leneuoti Fiafia Tuaua v. United States, No. 12-01143 (D.D.C. June 26, 2013).

USCA Case #13-5272

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2.

Samuel Erman, Ph.D. is an Assistant Professor of Law at University

of Southern California’s Gould School of Law. He has written extensively on various topics related to American citizenship and, like other professors and scholars who may join his proposed brief as additional amici, has special expertise that will assist the Court in resolving this case. A scholar of law and history, Professor Erman’s research focuses on questions of status and U.S. citizenship in the United States. His current work examines conflicts over birthright Fourteenth Amendment U.S. citizenship and the invention of a status known as “U.S. noncitizen national” in the years following the 1898-1899 U.S. annexations of Hawai‘i, Puerto Rico, Guam, and the Philippines. He received his J.D. and Ph.D. (American Culture) from the University of Michigan. 3. Under D.C. Circuit Rule 29(b), the Court “encourages individuals and

non-governmental entities to file a written representation of consent or motion for leave to participate” as an amicus curiae “as promptly as practicable after the case is docketed in this court.” 4. Counsel for the Plaintiffs-Appellants Leneouti F. Tuaua, et al., state

that their clients consent to the participation of Dr. Erman as amici curiae before this Court. Counsel for Appellees have indicated that should their pending motion for summary affirmance be denied and amici seek leave to file briefs, Appellees would take no position on such motions.

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5.

If leave to participate is granted, Professor Erman intends to file,

consistent with the briefing schedule to be issued, an amicus brief in conformity with the content and timing requirements of the applicable federal and Circuit rules. 6. Professor Erman respectfully submits that the proposed amicus curiae

brief will assist the Court in deciding the ultimate legal issue in this case—whether persons born in American Samoa are United States citizens—by explaining the historical conception of jus soli citizenship in the United States, including how courts have traditionally viewed birthright citizenship, and how citizenship and nationality was conceptualized in the early days of the United States. This historical foundation will assist the Court by explaining what the common conceptions of citizenship were before the ratification of the Fourteenth Amendment’s Citizenship Clause, demonstrating how those conceptions evolved after ratification, and putting the Fourteenth Amendment in its proper historical perspective. Based on the foregoing, Professor Erman respectfully requests that this Court grant him leave to participate as an amicus curiae in this appeal, with the possible participation in the same brief by other professors and scholars also able to offer insight into issues related to the historical conception of jus soli citizenship in the United States.

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USCA Case #13-5272

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Respectfully submitted, Dated: January 10, 2014 GIBSON, DUNN & CRUTCHER LLP By: /s/ David Debold David Debold Molly M. Claflin DeLisa Lay (admission pending) 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539 Counsel for Amicus Curiae

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CERTIFICATE OF SERVICE I certify that on the date indicated below I caused the foregoing Notice of Intent to File Amicus Curiae to be electronically filed with the Clerk using the CM/ECF system, thereby effecting service on all ECF registered users in this case. January 10, 2014 /s/ David Debold David Debold

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ADDENDUM A UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 13-5272 (C.A. No. 12-1143) LENEUOTI FIAFIA TUAUA, et al., Appellants, v. UNITED STATES OF AMERICA, et al., Appellees. D.C. CIRCUIT RULE 28(a)(1)(A) CERTIFICATE OF PARTIES AND AMICI CURIAE As required by D.C. Circuit Rule 27(a)(4), Professor Samuel Erman attaches the following D.C. Circuit Rule 28(a)(1)(A) Certificate of Parties and Amici Curiae as an Addendum to his Motion for Leave to Participate as Amicus Curiae: A. Parties and Amici. Except for the following, all parties, intervenors, and amici appearing before the district court and in this court are listed in the Appellants’ Certificate as to Parties, Rulings, and Related Cases. Doc. 01217532588 (Sept. 26, 2013): Professor Samuel Erman. 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. 12-01143. C. Related Cases. Counsel for Professor Samuel Erman is unaware of any related cases.
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Respectfully submitted, Dated: December 10, 2013 GIBSON, DUNN & CRUTCHER LLP By: /s/ David Debold David Debold Molly M. Claflin DeLisa Lay (admission pending) 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539 Counsel for Amicus Curiae

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