motion for leave of citizenship scholars to file amicus

8/13/2019 Motion for Leave of Citizenship Scholars to File Amicus

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UNITED STATES COURT OF APPEALSFOR 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 Document #1474659 Filed: 01/10/2014 Page 1 of 7


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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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Respectfully submitted,

Dated: January 10, 2014GIBSON, DUNN & CRUTCHER LLPBy: /s/ David DeboldDavid DeboldMolly M. ClaflinDeLisa Lay (admission pending)1050 Connecticut Avenue, N.W.Washington, D.C. 20036Telephone: (202) 955-8500Facsimile: (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 ofIntent to File Amicus Curiae to be electronically filed with the Clerk using theCM/ECF system, thereby effecting service on all ECF registered users in this case.

January 10, 2014/s/ David DeboldDavid Debold



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ADDENDUM A

UNITED STATES COURT OF APPEALSFOR 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, 2013GIBSON, DUNN & CRUTCHER LLPBy: /s/ David DeboldDavid DeboldMolly M. ClaflinDeLisa Lay (admission pending)1050 Connecticut Avenue, N.W.Washington, D.C. 20036Telephone: (202) 955-8500Facsimile: (202) 467-0539

Counsel for Amicus Curiae


motion for leave of citizenship scholars to file amicus

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