Berger v. North Carolina State Conference of the NAACP, No. 21-248 [Arg: 03.21.2022]
1) 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; (2) 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; and (3) whether petitioners Philip Berger, the president pro tempore of the state senate, and Timothy Moore, the speaker of the state house of representatives, are entitled to intervene as of right in this litigation.
QUESTION PRESENTED:
- 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; and
- whether petitioners Philip Berger, the president pro tempore of the state senate, and Timothy Moore, the speaker of the state house of representatives, are entitled to intervene as of right in this litigation.
Date Proceedings and Orders
Aug 19 2021 | Petition for a writ of certiorari filed. (Response due September 22, 2021)
Aug 26 2021 | Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
Aug 27 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
Oct 13 2021 | Waiver of right of respondents North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP to respond filed.
Oct 13 2021 | Brief of respondents Damon Circosta, et al. in opposition filed.
Oct 27 2021 | DISTRIBUTED for Conference of 11/12/2021.
Oct 27 2021 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Nov 15 2021 | DISTRIBUTED for Conference of 11/19/2021.
Nov 24 2021 | Petition GRANTED.
Jan 10 2022 | Brief of petitioners Philip E. Berger, et al. filed.
Jan 10 2022 | Joint appendix filed.
Jan 17 2022 | Brief amicus curiae of Republican State Leadership Committee filed.
Jan 17 2022 | Brief amicus curiae of Liberty Justice Center filed.
Jan 17 2022 | Brief amicus curiae of Wisconsin Legislature filed.
Jan 18 2022 | Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
Jan 18 2022 | Brief amicus curiae of American Legislative Exchange Council filed.
Jan 18 2022 | Brief amicus curiae of Republican National Committee filed.
Jan 18 2022 | Brief amicus curiae of Honest Elections Project filed.
Jan 18 2022 | Brief amici curiae of Arizona, et al. filed.
Jan 26 2022 | Record requested from the U.S.C.A. 4th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022.
Feb 09 2022 | Brief of NAACP respondents filed.
Feb 09 2022 | Brief of State respondents filed. (Distributed)
Feb 11 2022 | CIRCULATED
Feb 16 2022 | Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 16 2022 | Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
Feb 16 2022 | Motion for divided argument filed by respondents.
Feb 16 2022 | Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
Mar 07 2022 | Motion for divided argument filed by respondents GRANTED.
Mar 08 2022 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Mar 21 2022 | Argued. For petitioners: David H. Thompson, Washington, D. C. For NAACP respondents: Elisabeth S. Theodore, Washington, D. C. For state respondents: Sarah Boyce, Deputy Solicitor General, Raleigh, N. C.
★ Support this podcast on Patreon ★
Aug 19 2021 | Petition for a writ of certiorari filed. (Response due September 22, 2021)
Aug 26 2021 | Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
Aug 27 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
Oct 13 2021 | Waiver of right of respondents North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP to respond filed.
Oct 13 2021 | Brief of respondents Damon Circosta, et al. in opposition filed.
Oct 27 2021 | DISTRIBUTED for Conference of 11/12/2021.
Oct 27 2021 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Nov 15 2021 | DISTRIBUTED for Conference of 11/19/2021.
Nov 24 2021 | Petition GRANTED.
Jan 10 2022 | Brief of petitioners Philip E. Berger, et al. filed.
Jan 10 2022 | Joint appendix filed.
Jan 17 2022 | Brief amicus curiae of Republican State Leadership Committee filed.
Jan 17 2022 | Brief amicus curiae of Liberty Justice Center filed.
Jan 17 2022 | Brief amicus curiae of Wisconsin Legislature filed.
Jan 18 2022 | Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
Jan 18 2022 | Brief amicus curiae of American Legislative Exchange Council filed.
Jan 18 2022 | Brief amicus curiae of Republican National Committee filed.
Jan 18 2022 | Brief amicus curiae of Honest Elections Project filed.
Jan 18 2022 | Brief amici curiae of Arizona, et al. filed.
Jan 26 2022 | Record requested from the U.S.C.A. 4th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022.
Feb 09 2022 | Brief of NAACP respondents filed.
Feb 09 2022 | Brief of State respondents filed. (Distributed)
Feb 11 2022 | CIRCULATED
Feb 16 2022 | Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 16 2022 | Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
Feb 16 2022 | Motion for divided argument filed by respondents.
Feb 16 2022 | Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
Mar 07 2022 | Motion for divided argument filed by respondents GRANTED.
Mar 08 2022 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Mar 21 2022 | Argued. For petitioners: David H. Thompson, Washington, D. C. For NAACP respondents: Elisabeth S. Theodore, Washington, D. C. For state respondents: Sarah Boyce, Deputy Solicitor General, Raleigh, N. C.
![Berger v. North Carolina State Conference of the NAACP, No. 21-248 [Arg: 03.21.2022]](https://img.transistor.fm/EqTPLD9tN7u9ero4KkcOwgOMu9PLaT2rh5Lx2KrVuwk/rs:fill:800:800:1/q:60/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9lcGlz/b2RlLzgyNTExMC8x/NjQ4MTY2Mzg3LWFy/dHdvcmsuanBn.webp)