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Berger v. North Carolina State Conference of the NAACP

Docket No. Op. Below Argument Opinion Vote Author Term
21-248 4th Cir. TBD TBD TBD TBD OT 2021

Issues: (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.

DateProceedings and Orders (key to color coding)
Aug 19 2021Petition for a writ of certiorari filed. (Response due September 22, 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 27 2021Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
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.
Oct 27 2021DISTRIBUTED for Conference of 11/12/2021.
Oct 27 2021Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
Nov 24 2021Petition GRANTED.
Jan 10 2022Brief of petitioners Philip E. Berger, et al. filed.
Jan 10 2022Joint appendix 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 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.