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    House Lawyers Ask For Extension

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    Law&Crime
    The Committee on Ways and Means of the U.S. House of Representatives, Chairman Richard E. Neal, and Andrew Grossman (Committee Defendants) request a 30-day extension to file their opening brief in their appeal against President Donald J. Trump. Their current deadline is September 4. They request the new deadline be October 5 due to counsel's obligations in several other expedited cases challenging the Trump administration as well as disruptions from the ongoing COVID-19 pandemic. Plaintiff-Appellee consents to the 30-day extension.

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    House Lawyers Ask For Extension

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    Law&Crime
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    The Committee on Ways and Means of the U.S. House of Representatives, Chairman Richard E. Neal, and Andrew Grossman (Committee Defendants) request a 30-day extension to file their opening brief in their appeal against President Donald J. Trump. Their current deadline is September 4. They request the new deadline be October 5 due to counsel's obligations in several other expedited cases challenging the Trump administration as well as disruptions from the ongoing COVID-19 pandemic. Plaintiff-Appellee consents to the 30-day extension.

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    8/6/20

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    The Committee on Ways and Means of the U.S. House of Representatives, Chairman Richard E. Neal, and Andrew Grossman (Committee Defendants) request a 30-day extension to file their opening brief in their appeal against President Donald J. Trump. Their current deadline is September 4. They request the new deadline be October 5 due to counsel's obligations in several other expedited cases challenging the Trump administration as well as disruptions from the ongoing COVID-19 pandemic. Plaintiff-Appellee consents to the 30-day extension.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    2K views6 pages

    House Lawyers Ask For Extension

    Uploaded by

    Law&Crime
    The Committee on Ways and Means of the U.S. House of Representatives, Chairman Richard E. Neal, and Andrew Grossman (Committee Defendants) request a 30-day extension to file their opening brief in their appeal against President Donald J. Trump. Their current deadline is September 4. They request the new deadline be October 5 due to counsel's obligations in several other expedited cases challenging the Trump administration as well as disruptions from the ongoing COVID-19 pandemic. Plaintiff-Appellee consents to the 30-day extension.

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    This court document outlines a request from the Committee on Ways and Means for an extension to file their opening brief in an appeal regarding a request for tax information.

    This is an appeal regarding a district court ruling that granted President Trump relief under the All Writs Act, enjoining the Committee Defendants from requesting certain tax information from New York pursuant to state law without advance notice.

    The appellants are requesting a 30-day extension until October 5th to file their opening brief due to counsel's other litigation obligations and the ongoing pandemic.

    USCA Case #19-5360 Document #1855480 Filed: 08/06/2020 Page 1 of 6

    [NOT YET SCHEDULED FOR ORAL ARGUMENT]

    No. 19-5360
    ____________________

    UNITED STATES COURT OF APPEALS


    FOR THE DISTRICT OF COLUMBIA CIRCUIT
    ____________________

    DONALD J. TRUMP,

    Plaintiff-Appellee,

    v.

    COMMITTEE ON WAYS AND MEANS, UNITED


    STATES HOUSE OF REPRESENTATIVES, et al.,

    Defendants-Appellants,

    LETITIA JAMES, in her official capacity as Attorney General of New York State;
    MICHAEL R. SCHMIDT, in his official capacity as Commissioner of the New York
    State Department of Taxation and Finance,

    Defendants-Appellees.
    ____________________

    CONSENT MOTION FOR 30-DAY EXTENSION OF TIME TO FILE


    APPELLANTS’ BRIEF
    Pursuant to Circuit Rule 28(e), the Committee on Ways and Means of the U.S.

    House of Representatives, Chairman Richard E. Neal, and Andrew Grossman

    (Committee Defendants) respectfully request a 30-day extension of time, to and

    including October 5, 2020, in which to file their opening brief. The Court previously

    granted the Committee Defendants a 30-day extension and two 60-day extensions.

    Plaintiff-Appellee consents to this motion.


    USCA Case #19-5360 Document #1855480 Filed: 08/06/2020 Page 2 of 6

    1. This is an appeal from the district court’s opinion and order granting

    President Donald J. Trump relief under the All Writs Act. The district court enjoined

    the Committee Defendants from requesting certain information pursuant to a New

    York law absent contemporaneous notice and a 14-day stay.

    2. The Committee Defendants’ opening brief is due on September 4. The

    Committee Defendants respectfully request a 30-day extension of time, until October

    5, to file their opening brief. (October 4 is a Sunday.) An additional extension of

    time is necessary given undersigned counsel’s other litigation obligations and the

    ongoing COVID-19 pandemic.

    Undersigned counsel are responsible for filing numerous briefs on a highly

    expedited schedule during the coming month. Undersigned counsel plan to file amicus

    briefs in at least six cases challenging President Trump’s recent directive to exclude

    undocumented immigrants from the apportionment base used to assign seats in the

    House. See Common Cause v. Trump, No. 1:20-cv-2023 (D.D.C. filed July 23, 2020);

    New York v. Trump, No. 1:20-cv-5770 (S.D.N.Y. filed July 24, 2020); Haitian-Americans

    United, Inc. v. Trump, No. 1:20-cv-11421 (D. Mass. filed July 27, 2020); City of San Jose v.

    Trump, No. 5:20-cv-5167 (N.D. Cal. July 27, 2020); California v. Trump, No. 3:20-cv-

    5169 (N.D. Cal. Filed July 28, 2020); Useche v. Trump, No. 8:20-cv-2225 (D. Md. filed

    July 31, 2020). Because these cases involve an effort to alter the apportionment

    method that has been used to determine the House’s membership since the

    2
    USCA Case #19-5360 Document #1855480 Filed: 08/06/2020 Page 3 of 6

    ratification of the Fourteenth Amendment, these cases are of exceptional importance

    to the House. Briefs in many of these cases will likely be due in mid- to late-August.

    Undersigned counsel are also responsible for filing an amicus brief in a suit

    challenging the Trump Administration’s efforts to revoke non-discrimination

    protections for LGBTQ+ individuals in the Affordable Care Act. See New York v.

    Dep’t of Health and Human Servs., No. 1:20-cv-5583 (S.D.N.Y. filed July 20, 2020). The

    brief in this case is expected to be due in early September.

    A 30-day extension is additionally warranted given the substantial disruptions

    caused by the ongoing pandemic. Because the Committee on Ways and Means is the

    House Committee with primary legislative and oversight jurisdiction over numerous

    policy issues related to the federal government’s pandemic response, the Committee

    Defendants have significant and pressing pandemic-related responsibilities that may

    arise with little warning.

    3. Counsel for Plaintiff-Appellee has authorized us to state that they

    consent to this extension motion.

    3
    USCA Case #19-5360 Document #1855480 Filed: 08/06/2020 Page 4 of 6

    Respectfully submitted,

    /s/ Douglas N. Letter


    DOUGLAS N. LETTER
    General Counsel
    TODD B. TATELMAN
    Principal Deputy General Counsel
    MEGAN BARBERO
    JOSEPHINE MORSE
    WILLIAM E. HAVEMANN

    OFFICE OF GENERAL COUNSEL


    U.S. HOUSE OF REPRESENTATIVES
    219 Cannon House Office Building
    Washington, D.C. 20515
    Telephone: (202) 225-9700
    [email protected]

    Counsel for Appellants

    August 6, 2020

    4
    USCA Case #19-5360 Document #1855480 Filed: 08/06/2020 Page 5 of 6

    CERTIFICATE OF COMPLIANCE

    I hereby certify that the foregoing motion complies with the requirements of

    Fed. R. App. P. 27(d)(1)(E) because it has been prepared in 14-point Garamond, a

    proportionally spaced font. I further certify that this motion complies with the type-

    volume limitation of Fed. R. App. P. 27(d)(2) because it contains 468 words according

    to the count of Microsoft Word.

    /s/ Douglas N. Letter


    Douglas N. Letter
    USCA Case #19-5360 Document #1855480 Filed: 08/06/2020 Page 6 of 6

    CERTIFICATE OF SERVICE

    I certify that on August 6, 2020, I caused the foregoing document to be filed

    via the United States Court of Appeals for District of Columbia Circuit CM/ECF

    system, which I understand caused a copy to be served on all registered parties.

    /s/ Douglas N. Letter


    Douglas N. Letter

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