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Foundation for Individual Rights in Education, et al. v. Victim Rights Law Center, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 20-1748 · judgment February 18, 2021
Before the decision, about 5.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition.
Question presented
Under Federal Rule of Civil Procedure 24(a)(2), an entity that seeks to intervene as of right must establish that none of the existing parties “adequately represent” its interests. In cases in which someone seeks to intervene on the side of a governmental entity, the First Circuit and several other courts of appeals apply a presumption that the government will adequately represent the proposed intervenor. The presumption can only be overcome by “a strong affirmative showing” that the government “is not fairly representing the applicants’ interests.” Pet. App. 8a. In contrast, four Circuits do not apply a presumption in such cases. See, e.g., Crossroads Grassroots Pol’y Strategies v. FEC, 788 F.3d 312, 321 (D.C. Cir. 2015). Relying heavily on the presumption in the proceedings below, the First Circuit ruled that Petitioners could not intervene as of right to advance constitutional arguments in support of an important Department of Education rule on Title IX that none of the existing parties are willing to make. The question presented is whether a movant who seeks to intervene as of right on the same side as a governmental litigant must overcome a presumption of adequate representation.
Counsel of record
For petitioner
Charles Justin Cooper
Cooper & Kirk, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 4 conferences
Amicus briefs
4 cert-stage
Proceedings
- Jan 10 2022Petition DENIED.
- Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
- Dec 09 2021Rescheduled.
- Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
- Dec 01 2021Rescheduled.
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021Reply of petitioners Foundation for Individual Rights in Education, et al. filed. (Distributed)
- Nov 01 2021Brief of Federal respondents in opposition filed.
- Nov 01 2021Brief of respondents Victim Rights Law Center, et al. in opposition filed.
- Sep 07 2021Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2021, for all respondents.
- Sep 03 2021Motion to extend the time to file a response from October 1, 2021 to November 1, 2021, submitted to The Clerk.
- Sep 01 2021Response Requested. (Due October 1, 2021)
- Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 20 2021Brief amicus curiae of Alliance Defending Freedom filed.
- Aug 20 2021Brief amicus curiae of Institute for Justice filed.
- Aug 20 2021Brief amicus curiae of Mountain States Legal Foundation filed.
- Aug 20 2021Brief amicus curiae of Liberty Justice Center filed. (Distributed)
- Aug 18 2021Waiver of right of respondent Victim Rights Law Center, Equal Rights Advocates, Legal Voice, et al. to respond filed.
- Aug 18 2021Waiver of right of respondent United States to respond filed.
- Jul 28 2021Blanket Consent filed by Petitioner, Foundation for Individual Rights in Education, et al.
- Jul 19 2021Petition for a writ of certiorari filed. (Response due August 20, 2021)