Motion for Leave to File Amicus Brief — Brown v. Azar

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A motion for leave to file an amicus brief in support of the defendants in Richard Lee Brown v. Alex Azar, Civil Action No. 20-cv-03702-JPB, U.S. District Court for the Northern District of Georgia, Atlanta Division, filed 10/09/20 as Document 31. The movants include the American Academy of Pediatrics, the American Medical Association, the National Medical Association, the Southern Poverty Law Center and individual researchers including Matthew Desmond and Emily A. Benfer. They say housing is critical to protecting public health during the COVID-19 pandemic, that the Centers for Disease Control and Prevention order at the center of the case is supported by their research, and that invalidating it would harm vulnerable low-income families. The motion says all parties consented and is signed /s/ by Wingo F. Smith of the Southern Poverty Law Center.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
RICHARD LEE BROWN 
Plaintiff 
 
v. 
 
ALEX AZAR, 
IN HIS OFFICIAL CAPACITY AS 
SECRETARY U.S. DEPARTMENT 
OF HEALTH AND HUMAN 
SERVICES 
CIVIL ACTION NO.  
20-cv-03702-JPB 
and 
 
U.S. DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 
 
and 
 
NINA B. WITKOFSKY,  
IN HER OFFICIAL CAPACITY AS 
ACTING CHIEF OF STAFF U.S. 
CENTERS FOR DISEASE 
Defendants 
 
 
MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE OF THE 
AMERICAN ACADEMY OF PEDIATRICS; AMERICAN MEDICAL 
ASSOCIATION; CHILDREN’S HEALTHWATCH; THE GEORGE 
CONSORTIUM; GEORGIA CHAPTER, AMERICAN ACADEMY OF 
PEDITRICS; GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ 
EQUALITY; NATIONAL HISPANIC MEDICAL ASSOCIATION; 
NATIONAL MEDICAL ASSOCIATION; NORTH CAROLINA 
PEDIATRIC SOCIETY, STATE CHAPTER OF THE AMERICAN 
ACADEMY OF PEDIATRICS; PUBLIC HEALTH LAW WATCH; SOUTH 
CAROLINA CHAPTER, AMERICAN ACADEMY OF PEDIATRICS; 
SOUTHERN POVERTY LAW CENTER; VIRGINIA CHAPTER, 
AMERICAN ACADEMY OF PEDIATRICS; EMILY A. BENFER; 
MATTHEW DESMOND; GREGG GONSALVES; DANYA A. KEENE; 
KATHRYN M. LEIFHEIT; MICHAEL Z. LEVY; SABRIYA A. LINTON; 
Case 1:20-cv-03702-JPB   Document 31   Filed 10/09/20   Page 1 of 4

 
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CRAIG E. POLLACK; JULIA RAIFMAN; GABRIEL L. SCHWARTZ; and 
DAVID VLAHOV IN SUPPORT OF THE DEFENDANTS. 
 
Amici Curiae respectfully move for leave to file an amicus brief in support 
of Defendants. All parties to this litigation have consented to the filing of this 
amicus brief. No party’s counsel authored any part of the brief, nor have any party 
or their counsel contributed money intended to fund the preparation or submission 
of the brief. No person other than Amici, their members, and their counsel 
contributed any money intended to fund the preparation or submission of the brief. 
As grounds for this filing, Amici state as follows: 
1. 
The twenty-four amici include: national associations and organizations that 
represent physicians, pediatricians, and medical professionals and strive to advance 
the health of children, adolescents, adults, and disadvantaged and minority 
populations; and individual amici who are sociologists, epidemiologists, and public 
health, law, nursing, and medical school faculty. They are the nation’s foremost 
authorities on eviction, housing, and health. 
2. 
Amici have a strong interest in participating in this case because, based on 
their extensive research and work in this area, all amici recognize that housing is 
critical to protecting public health and ensuring health equity during the COVID-
19 pandemic. The Centers for Disease Control and Prevention order at the center 
of this case is supported by their research and directly affects the health of 
populations amici serve. 
Case 1:20-cv-03702-JPB   Document 31   Filed 10/09/20   Page 2 of 4

 
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3. 
Further, Amici offer the Court a broader perspective on the public health and 
sociological impact that invalidating or preliminarily enjoining the CDC Order 
would have on vulnerable low-income families, especially Black, Latinx, and 
Indigenous families.  
4. 
Amici have received the consent of all parties to file this brief. 
 
Accordingly, amici respectfully request that this Court grant leave to file the 
accompanying amici curiae brief for consideration.   
 
 
  
 
 
Dated: October 9, 2020 
Respectfully submitted, 
 
 
/s/ Wingo F. Smith 
 
 
SOUTHERN POVERTY LAW CENTER 
150 E. Ponce de Leon Ave. 
Suite 340 
Decatur, GA 30030 
(404) 783-1777 
Wingo F. Smith,  
Georgia Bar No. 147896 
wingo.smith@splcenter.org  
 
Case 1:20-cv-03702-JPB   Document 31   Filed 10/09/20   Page 3 of 4

 
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CERTIFICATE OF SERVICE 
 
I hereby certify that on October 9, 2020, I electronically filed the above 
document with the Clerk of Court using CM/ECF which will send electronic 
notification of such filing to all registered counsel. 
 
/s/ Wingo F. Smith  
 
Wingo F. Smith  
Georgia Bar No. 147896  
wingo.smith@splcenter.org  
SOUTHERN POVERTY LAW CENTER  
 
 
 
CERTIFICATE OF COMPLIANCE WITH LR 5.1  
 
I hereby certify that the foregoing document is written in 14 point Times 
New Roman font in accordance with Local Rule 5.1.  
 
/s/ Wingo F. Smith  
 
Wingo F. Smith  
Georgia Bar No. 147896  
wingo.smith@splcenter.org  
SOUTHERN POVERTY LAW CENTER  
 
Case 1:20-cv-03702-JPB   Document 31   Filed 10/09/20   Page 4 of 4

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