United States Fourth Circuit

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Stuart v. Huff, 12-1052

In action challenging the constitutionality of a North Carolina statute that requires certain informed consent procedures prior to the performance of an abortion, district court's denial of motion to intervene as defendants, brought by pro-life medical professionals, women who have previously undergone abortions, and pregnancy counseling centers is affirmed, where: 1) the putative intervenor must mount a strong showing of inadequacy when the defendant is a government agency; 2) the district court did not abuse its discretion in finding that the intervenors failed to demonstrate adversity of interest with and, alternatively, nonfeasance by the Attorney General; and 3) the court did not err in denying permissive intervention.

Appellate Information

  • Decided 01/24/2013
  • Published 01/24/2013

Judges

  • WILKINSON

Court

  • United States Fourth Circuit

Counsel