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TEXAS v. U.S.

No. 15-40333.

805 F.3d 653 (2015)

State of TEXAS; State of Alabama; State of Georgia; State of Idaho; State of Indiana; et al., Plaintiffs-Appellees, v. UNITED STATES of America; Jeh Charles Johnson, Secretary, Department of Homeland Security; R. Gil Kerlikowske, Commissioner of U.S. Customs and Border Protection; Ronald D. Vitiello, Deputy Chief of U.S. Border Patrol, U.S. Customs and Border of Protection; Sarah R. Saldana, Director of U.S. Immigration and Customs Enforcement; Leon Rodriguez, Defendants-Appellees, v. Jane Doe # 1; Jane Doe # 2; Jane Doe # 3, Movants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 9, 2015.

Attorney(s) appearing for the Case

Alex Potapov , Office of the Solicitor General for the State of Texas (argued), J. Campbell Barker, Deputy Solicitor General, Austin, TX, for Plaintiffs-Appellees.

William Ernest Havemann , Trial Attorney, Beth S. Brinkmann, Esq. , U.S. Department of Justice (argued), Jeffrey A. Clair, Esq. , Scott R. Mcintosh , Washington, DC, for Defendants-Appellees.

Nina Perales, Esq. , Mexican-American Legal Defense & Educational Fund (argued), San Antonio, TX, Adam Paul Koh-Sweeney, Esq. , Gabriel Markoff, Esq. , O'Melveny & Myers, L.L.P., San Francisco, CA, Linda J. Smith , DLA Piper, L.L.P., Los Angeles, CA, for Movants-Appellants.

Before KING, SMITH, and ELROD, Circuit Judges.

Three Jane Does appeal from the denial of their motion to intervene in State of Texas v. United States, No. 15-40238. Because the Jane Does satisfy the requirements for intervention by right under Federal Rule of Civil Procedure 24(a)(2), we REVERSE the district court's order denying intervention to the...

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