Friday, November 26, 2021
This week the Supreme Court granted certiorari in Berger v. North Carolina State Conference of the NAACP, which presents the following questions:
- Whether a state agent authorized by state law to defend the State’s interest in litigation must overcome a presumption of adequate representation to intervene as of right in a case in which a state official is a defendant.
- Whether a district court’s determination of adequate representation in ruling on a motion to intervene as of right is reviewed de novo or for abuse of discretion.
- Whether Petitioners are entitled to intervene as of right in this litigation.