Berger v. North Carolina State Conference of the NAACP

The  North Carolina chapter of the NAACP challenged a North Carolina voter-ID  law, arguing that it violates the Constitution and the federal Voting  Rights Act. Although the state attorney general, a Democrat, is already  is representing the State's interest in the validity of that law,  defending its constitutionality in both state and federal court,  Republicans Phil Berger, president pro tempore of the state senate, and  Tim Moore, speaker of the state house representatives, sought to  intervene to also represent the interests of the State.

The district court twice rejected their requests to intervene, and  the full (en banc) U.S. Court of Appeals for the Fourth Circuit also  rejected their request.

The case was decided on  June 23, 2022. The court held that North Carolina’s legislative leaders are entitled to intervene in this litigation. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Breyer, Alito, Kagan, Kavanaugh, and Barrett joined. Justice Sotomayor filed a dissenting opinion.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/21-248