Friday, November 26, 2021
Another SCOTUS Cert Grant on Intervention: Berger v. North Carolina State Conference of the NAACP
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.
You can find the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.
https://lawprofessors.typepad.com/civpro/2021/11/another-scotus-cert-grant-on-intervention-berger-v-north-carolina-state-conference-of-the-naacp.html