Supreme Court Rules in Berger v. NAACP Case

Joe Ravi via Wikimedia Commons

On Thursday, the Supreme Court ruled 8-1 that Republican lawmakers in North Carolina may intervene in litigation to defend a state voter identification law.

The question, in this case, revolved around if a pair of Republican legislators in North Carolina can intervene to defend the state’s voter-ID law when the state’s Democrat attorney general is already defending the law.

The North Carolina NAACP was challenging the law, arguing it violates the Civil Rights Act as Democrat Attorney General Josh Stein sought to defend it.

Justice Sotomayer was the only one to dissent. Justice Gorsuch wrote in his opinion the state “has expressly authorized the legislative leaders to defend the State’s practical interests in litigation of this sort.”

This case, Gorsuch says, shows “how divided state governments sometimes warrant participation by multiple state officials in federal court.” The legislators, Justice Gorsuch continues, have vastly different interests to represent than the state’s attorney general.



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