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SOUTHERN CHRISTIAN LEADERSHIP v. KELLEY

Nos. 83-2141, 83-2142.

747 F.2d 777 (1984)

SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE, (SCLC), a Georgia non-profit corporation v. Clarence M. KELLEY, et al., Senator Jesse Helms, Appellant. Bernard S. LEE v. Clarence M. KELLEY, et al., Senator Jesse Helms, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 1984.

As Amended November 6, 1984.

Attorney(s) appearing for the Case

Lawrence J. Straw, Jr., Los Angeles, Cal., of the Bar of the Supreme Court of California pro hac vice, by special leave of the court, with whom William J. Olson, Washington, D.C., was on the brief, for appellant.

R. Craig Lawrence, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., and Royce C. Lamberth, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellees Clarence M. Kelley, et al.

William L. Robinson, Washington, D.C., with whom Norman J. Chachkin and Wiley A. Branton, Washington, D.C., were on the brief, for appellees Southern Christian Leadership Conference, et al.

Before WRIGHT and WALD, Circuit Judges, and McGOWAN, Senior Circuit Judge.

PER CURIAM:

In this case, we review the District Court's denial of a United States Senator's motion to intervene under Federal Rule of Civil Procedure 24(a)(2). Because of the sequence of events in Congress and in the courts, the case raises questions of timeliness and mootness. Because the party seeking intervention is a member of Congress, the case also raises questions of congressional standing. We affirm denial of the motion for intervention because the movant...

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