motion of members of congress for leave to participate in tuaua v us
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8/13/2019 Motion of Members of Congress for Leave to Participate in Tuaua v US
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IN THE UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT
LENEUOTI F. TUAUA, et al. ,Plaintiffs-Appellants,
v.
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
8/13/2019 Motion of Members of Congress for Leave to Participate in Tuaua v US
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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.
1 The Members notify the Court that other interested parties may be added to Members’ brief asappropriate and permissible.
8/13/2019 Motion of Members of Congress for Leave to Participate in Tuaua v US
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4. 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 GullandJames E. Burke IVWilliam Mensch EvansStephen Kiehl
COVINGTON & BURLING LLP1201 Pennsylvania Avenue N.W.Washington, D.C. 20004(202) 662-6000(202) 662-6291 (fax)[email protected]
[email protected]@[email protected]
Counsel for the Hon. Madeleine Z. Bordallo and the Hon. DonnaChristensen
8/13/2019 Motion of Members of Congress for Leave to Participate in Tuaua v US
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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. 12-
01143.
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 GullandCounsel for the Hon. Madeleine Z.
Bordallo and the Hon. DonnaChristensen
8/13/2019 Motion of Members of Congress for Leave to Participate in Tuaua v US
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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 GullandCounsel for the Hon. Madeleine Z.
Bordallo and the Hon. DonnaChristensen