Supreme Court of the United States · Official docket →
Philip E. Berger, et al. v. North Carolina State Conference of the NAACP, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-2273 · judgment June 7, 2021
Before the decision, about 5× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a petition citing three to ten dissents.
Questions presented
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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.
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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.
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Whether Petitioners are entitled to intervene as of right in this litigation.
Counsel of record
For petitioner
David H. Thompson
Cooper & Kirk, PLLC
For respondent
Ryan Young Park
North Carolina Department of Justice
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
12 merits
(8 supporting pet./neither, 4 respondent)
Orders
Miscellaneous order, November 24, 2021 · Certiorari granted
Order list, March 7, 2022
Argument & decision
Argued March 21, 2022 — David H. Thompson · Elisabeth S. Theodore · Sarah Boyce. Listen and read along · the Court’s audio
Decided June 23, 2022. Opinion by Gorsuch.
Proceedings
- Jul 25 2022JUDGMENT ISSUED
- Jun 23 2022Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion.
- Mar 21 2022Argued. 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.
- Mar 08 2022Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
- Mar 07 2022Motion for divided argument filed by respondents GRANTED.
- Feb 16 2022Brief amici curiae of Federal Courts Scholars filed. (Distributed)
- Feb 16 2022Brief amici curiae of Retired Federal Judges filed. (Distributed)
- Feb 16 2022Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
- Feb 16 2022Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
- Feb 16 2022Motion for divided argument filed by respondents.
- Feb 16 2022Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
- Feb 11 2022CIRCULATED
- Feb 09 2022Brief of NAACP respondents filed.
- Feb 09 2022Brief of State respondents filed. (Distributed)
- Jan 28 2022ARGUMENT SET FOR Monday, March 21, 2022.
- Jan 26 2022Record requested from the U.S.C.A. 4th Circuit.
- Jan 18 2022Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
- Jan 18 2022Brief amicus curiae of American Legislative Exchange Council filed.
- Jan 18 2022Brief amicus curiae of Republican National Committee filed.
- Jan 18 2022Brief amicus curiae of Honest Elections Project filed.
- Jan 18 2022Brief amici curiae of Arizona, et al. filed.
- Jan 17 2022Brief amicus curiae of Republican State Leadership Committee filed.
- Jan 17 2022Brief amicus curiae of Liberty Justice Center filed.
- Jan 17 2022Brief amicus curiae of Wisconsin Legislature filed.
- Jan 10 2022Brief of petitioners Philip E. Berger, et al. filed.
- Jan 10 2022Joint appendix filed. (Statement of cost filed)
- Nov 24 2021Petition GRANTED.
- Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
- Oct 27 2021DISTRIBUTED for Conference of 11/12/2021.
- Oct 27 2021Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
- Oct 13 2021Waiver 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 2021Brief of respondents Damon Circosta, et al. in opposition filed.
- Aug 27 2021Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
- Aug 26 2021Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
- Aug 19 2021Petition for a writ of certiorari filed. (Response due September 22, 2021)