O'SCANNLAIN, Circuit Judge.
We must decide whether an applicant for intervention seeking to participate in the trial litigation surrounding California's Proposition 187 may do so.
I
On November 8, 1994, the California electorate enacted Proposition 187 by a 59% to 41% margin. In passing Proposition 187, the People of California "found and declared that they had suffered ... economic hardship caused by the presence of illegal aliens in th[e] state...
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