Minnesota Joins Washington Lawsuit Against Trump Administration, Hearing Set for Friday

Washington Attorney General Bob Ferguson filed an amended complaint to his state’s original lawsuit against the Trump administration, which adds Minnesota – and its attorney general, Lori Swanson – as plaintiffs.

Swanson said in a statement, “It does not pass constitutional muster, is inconsistent with our history as a nation, and undermines our national security… America can keep its people safe without sacrificing bedrock constitutional principles.”

There will be a hearing at a federal court in Seattle tomorrow (Friday) for lawyers representing Washington and the federal government. At issue will be whether or not the federal government should suspend implementation of the administration’s executive order nationwide immediately.  A ruling from Judge James Robart (a George W. Bush appointee) could come as early as 2:30 p.m. Pacific Standard Time.

Massachusetts and Virginia Join Lawsuits Against Federal Government Over Trump Executive Order

Massachusetts Attorney General Maura Healey announced her office would be joining a lawsuit against the federal government over President Trump’s controversial executive order. The original plaintiffs were the ACLU of Massachusetts and private attorneys on behalf of two associate professors from the University of Massachusetts at Dartmouth.

It is worth noting that, among the several statements in support of the lawsuit from state officials as well as representatives from the private sector and academia is this comment from Republican governor Charlie Baker:

“Massachusetts is a global community and we all benefit from the shared experiences of our partners from around the world to support our economy and educational institutions to make our state the best place to live, work and raise a family. The recent executive order puts this at risk, will not improve our security, and the lack of guidance associated with such an abrupt and overwhelming decision is problematic for all involved.  Our administration has worked with the Attorney General’s office and supports her challenging this action. We look forward to the courts resolving this matter expeditiously.”

Virginia Attorney General Mark Herring also filed a motion to intervene in Aziz v. Trump et al. in the Eastern District of Virginia, effectively making the state a plaintiff in the case. The motion says in part:

The Commonwealth has substantial interests justifying its intervention. Virginia has a substantial interest in protecting its public universities and their faculty and students from the academic and fiscal disruption posed by the Executive Order. The Executive Order impairs the ability of students who are lawful permanent residents or present on student visas from continuing to attend Virginia’s public colleges and universities. That impairment will hamper the ability of Virginia’s colleges and universities to attract and retain foreign students in the future and result in a significant loss of tuition revenue to the Commonwealth. The Executive Order also hinders the travel of faculty members and other educational personnel employed by Virginia’s public colleges and universities. Faculty members and students who are unable to travel likely will be forced to forfeit their grant moneys. Moreover, Virginia has a quasi-sovereign interest “in the health and well-being —both physical and economic—of its residents in general,” which will be impaired if Virginia is not permitted to intervene.
Herring’s office also filed a separate brief in support of the motion to intervene.
That makes three states which have joined lawsuits against the federal government yesterday alone.

Democrats’ Legal Wars with Trump Administration Have Begun

A group of sixteen Democratic state attorneys general met in Florida over the weekend and issued a joint statement blasting President Trump’s controversial executive order which led to the detention of travelers from seven Muslim nations at airports throughout the United States:

“As the chief legal officers for over 130 million Americans and foreign residents of our states, we condemn President Trump’s unconstitutional, un-American and unlawful Executive Order and will work together to ensure the federal government obeys the Constitution, respects our history as a nation of immigrants, and does not unlawfully target anyone because of their national origin or faith.

“Religious liberty has been, and always will be, a bedrock principle of our country, and no president can change that truth.

“Yesterday, multiple federal courts ordered a stay of the Administration’s dangerous Executive Order. We applaud those decisions and will use all of the tools of our offices to fight this unconstitutional order and preserve our nation’s national security and core values.

“We are confident that the Executive Order will ultimately be struck down by the courts. In the meantime, we are committed to working to ensure that as few people as possible suffer from the chaotic situation that it has created.”

Federal judges in four states issued orders temporarily forbidding the removal of some individuals that were affected by the executive order which led to protests at airports across the country.

Washington state Attorney General Bob Ferguson filed a lawsuit this morning against the federal government seeking to invalidate President Trump’s executive order. (Read the PDF of the complaint.) In addition, Ferguson filed a motion for a temporary restraining order seeking to “temporarily bar enforcement of the Order nationwide.”

At a press conference, Ferguson said that Amazon and Expedia – tech companies both based in Washington state – would be filing declarations of support with the lawsuit. A Microsoft representative said that the company would also be supportive of the lawsuit. Both the lawsuit and the restraining order mention that the tech industry relies on skilled immigrants working under the H-1B visa program. The filings say the executive order would adversely impact the companies’ employees and in the case of Expedia, some of its customers, who are travelers with passports from the seven countries named in the order. The lawsuit also mentions that 230 students from the affected countries are currently enrolled at the University of Washington and Washington State University.

This is the first of what will likely be several lawsuits against the federal government regarding this executive order. The issue will probably eventually make its way to the Supreme Court.