Ali vs Hogan Part 3: Saqib Ali Responds to Governor Hogan's Motion to Dismiss

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On Monday March 11th 2019, Maryland's Governor Larry Hogan filed a Motion To Dismiss against my civil rights lawsuit saying (among other things) that I lacked standing to sue.

Today, CAIR's lawyers on my behalf responded to that motion strongly rebutting each point in the Governor's motion. You can read our motion by clicking below.

The main arguments in this motion are as follows:

  1. As an individual seeking a state contract, I have standing in this case even though I am not a company because Hogan's executive order pertaining to companies explicitly includes sole proprietorships. Under Maryland law, sole proprietorships are indistinguishable from individuals.
  2. I have standing in this case even though I have not actually applied for any state contract because even to bid on such a contract, I would have to certify that I don't boycott Israel or its illegal settlements. I am not required to undertake the expense and effort of bidding on such a contract knowing apriori that I will be rejected because of my boycott.
  3. The Governor and Attorney General are the proper defendants in this case because the Governor is the one who issued the unconstitutional executive order and the Attorney General admits that he has the authority "to seek debarment of vendors who violate Maryland’s procurement laws."
  4. The Governor's claims that the Supreme Court case NAACP vs Claiborne hardware doesn't control this case is flawed because the narrow circumstances where it didn't control in other cases he cited do not exist in this case.

Now the Governor has 2 weeks to respond to our response. After that, the judge will rule on the Motion To Dismiss. The Judge may take up to several months to do so.

 

 

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Freedom2Boycott defends the 1st Amendment right to boycott, including the boycott of Israel known as BDS. Click to help! Find an Event

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