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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

Decided · June 23, 2022
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.8× 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 dissent in the court below (flagged in the petition).

Questions presented

  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.

  3. 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

Conference history
Distributed for 2 conferences

Amicus briefs
12 merits
(12 supporting pet./neither)

Argument & decision

Argued March 21, 2022 — David H. Thompson · Elisabeth S. Theodore · Sarah Boyce. Audio and transcript

Decided June 23, 2022. Opinion by Gorsuch.

Proceedings

  1. Jul 25 2022
    JUDGMENT ISSUED
  2. Jun 23 2022
    Judgment 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.
  3. 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.
  4. Mar 08 2022
    Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  5. Mar 07 2022
    Motion for divided argument filed by respondents GRANTED.
  6. Feb 16 2022
    Brief amici curiae of Federal Courts Scholars filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  7. Feb 16 2022
    Brief amici curiae of Retired Federal Judges filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  8. Feb 16 2022
    Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  9. Feb 16 2022
    Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  10. Feb 16 2022
    Motion for divided argument filed by respondents.
    Main DocumentProof of Service
  11. Feb 16 2022
    Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
  12. Feb 11 2022
    CIRCULATED
  13. Feb 09 2022
    Brief of NAACP respondents filed.
    Main DocumentCertificate of Word CountProof of Service
  14. Feb 09 2022
    Brief of State respondents filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  15. Jan 28 2022
    ARGUMENT SET FOR Monday, March 21, 2022.
  16. Jan 26 2022
    Record requested from the U.S.C.A. 4th Circuit.
  17. Jan 18 2022
    Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
    Main DocumentMain DocumentMain Document
  18. Jan 18 2022
    Brief amicus curiae of American Legislative Exchange Council filed.
    Main DocumentCertificate of Word CountProof of Service
  19. Jan 18 2022
    Brief amicus curiae of Republican National Committee filed.
    Main DocumentCertificate of Word CountProof of Service
  20. Jan 18 2022
    Brief amicus curiae of Honest Elections Project filed.
    Main DocumentCertificate of Word CountProof of Service
  21. Jan 18 2022
    Brief amici curiae of Arizona, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  22. Jan 17 2022
    Brief amicus curiae of Republican State Leadership Committee filed.
    Main DocumentCertificate of Word CountProof of Service
  23. Jan 17 2022
    Brief amicus curiae of Liberty Justice Center filed.
    Proof of ServiceMain DocumentCertificate of Word Count
  24. Jan 17 2022
    Brief amicus curiae of Wisconsin Legislature filed.
    Main DocumentCertificate of Word CountProof of Service
  25. Jan 10 2022
    Brief of petitioners Philip E. Berger, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  26. Jan 10 2022
    Joint appendix filed. (Statement of cost filed)
    Main DocumentProof of Service
  27. Nov 24 2021
    Petition GRANTED.
  28. Nov 15 2021
    DISTRIBUTED for Conference of 11/19/2021.
  29. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  30. Oct 27 2021
    Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  31. 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.
    Main Document
  32. Oct 13 2021
    Brief of respondents Damon Circosta, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  33. 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.
  34. Aug 26 2021
    Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
    Main Document
  35. Aug 19 2021
    Petition for a writ of certiorari filed. (Response due September 22, 2021)
    PetitionAppendixCertificate of Word CountProof of Service