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Civil Procedure Keyed to Cross
Berger v. North Carolina State Conference of the NAACP
Citation:
142 S. Ct. 2191 (2022)Facts
In November 2018, North Carolina voters approved a constitutional amendment requiring photo identification for in-person voting. The General Assembly subsequently enacted Senate Bill 824 to implement this requirement. The Governor vetoed the bill, but the General Assembly overrode the veto. The day after S.B. 824 went into effect, the NAACP sued the Governor and members of the State Board of Elections, alleging that the law violated the Federal Constitution. The State’s attorney general assumed responsibility for defending the Board. The speaker of the State House of Representatives and president pro tempore of the State Senate moved to intervene, citing North Carolina law that expressly authorizes them to intervene on behalf of the General Assembly in any judicial proceeding challenging a North Carolina statute. The District Court denied their motion, applying a presumption that their interests would be adequately represented by the existing defendants. The legislative leaders renewed their motion, which was again denied. As the litigation proceeded, the NAACP sought a preliminary injunction, which the District Court granted. On appeal, the Fourth Circuit allowed the legislative leaders to intervene for purposes of the appeal and reversed the preliminary injunction. In a separate appeal concerning the intervention ruling, a panel of the Fourth Circuit held that the legislative leaders were entitled to intervene, but the en banc court reversed, holding that they could not overcome a “heightened presumption” of adequate representation.
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