NORTH CAROLINA STATE CONFERENCE OF NAACP v. BERGER

No. 19-2273.

970 F.3d 489 (2020)

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, Plaintiffs-Appellees, v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Appellants, Ken Raymond, in his official capacity as a member of the North Carolina State Board of Elections; Stella Anderson, in her official capacity as Secretary of the North Carolina State Board of Elections; Damon Circosta, in his official capacity as Chair of the North Carolina State Board of Elections; Jefferson Carmon, in his official capacity as a member of the North Carolina State Board of Elections; David C. Black, in his official capacity as a member of the North Carolina State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2020.


Attorney(s) appearing for the Case

ARGUED: David Henry Thompson , COOPER & KIRK PLLC, Washington, D.C., for Appellants. Stephen K. Wirth , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C.; Paul Mason Cox , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Peter A. Patterson , Nicole J. Moss , Haley N. Proctor , Nicole Frazer Reaves , COOPER & KIRK PLLC, Washington, D.C.; Nathan A. Huff , PHELPS DUNBAR LLP, Raleigh, North Carolina, for Appellants. Joshua H. Stein , Attorney General, Olga E. Vyotskaya de Brito , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for State Board Appellees. Irving Joyner , Cary, North Carolina; Penda D. Hair , Washington, D.C., Caitlin A. Swain , FORWARD JUSTICE, Durham, North Carolina; John C. Ulin , Los Angeles, California, James W. Cooper , Jeremy C. Karpatkin , Andrew T. Tutt , Jacob Zionce , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., for Appellees 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, and Winston Salem-Forsyth County NAACP.

Vacated and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson joined. Judge Harris wrote a dissent.


Philip E. Berger, President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, Speaker of the North Carolina House of Representatives, appeal the district court's denial of their renewed motion to intervene in an action brought by North Carolina State Conference...

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