Trump

ORDER DENYING THE GOVERNMENT’S MOTIONS FOR RECONSIDERATION AND TO DISMISS WITH REGARDS TO THE CITY AND COUNTY OF SAN FRANCISCO AND THE COUNTY OF SANTA CLARA

INTRODUCTION

The government has moved for reconsideration of my April 25, 2017 order enjoining section 9(a) of Executive Order 13768 (“PI Order”). 1 It has also moved to dismiss the City and County of San Francisco’s and the County of Santa Clara’s *1206 claims under Rule 12(b)(6) and Rule 12(b)(1). The government’s motions rely heavily on Attorney General Sessions’s two page memorandum, (the “AG Memorandum”) directed to the grant making components of the Department of Justice (“DOJ”), which the government argues outlines DOJ’s definitive interpretation of the Executive Order. Because I conclude that the AG Memorandum does not change the analysis from the PI Order, the government’s motions for reconsideration are DENIED.

Similarly, with regards to the motions to dismiss, the AG Memorandum does not impact my prior conclusions that the Counties have standing, that their claims against the Executive Order are ripe, and that they are likely to succeed on the merits of those claims. I have not previously addressed San…