Nixon v. Herndon

1 Citing brief

  1. Veasey et al v. Perry et al

    MOTION to Intervene

    Filed September 27, 2013

    Proposed Plaintiff-Intervenors satisfy each of the above requirements. 2 Federal intervention has been necessary to eliminate numerous devices intentionally used to restrict minority voting in Texas. See, e.g., White, 412 U.S. at 768 (poll tax); Terry v. Adams, 345 U.S. 461 (1953) (private primary); Smith v. Allwright, 321 U.S. 649 (1944) (white primary); Nixon v. Herndon, 273 U.S. 536 (1927) (exclusion of minorities) Case 2:13-cv-00193 Document 41 Filed in TXSD on 09/27/13 Page 4 of 9 5 HJ&C request intervention as a matter of right under Federal Rule of Civil Procedure 24 (a). Intervention as of right should be granted when the following four requirements are met: (1) the applicant for intervention is timely; (2) the applicant has an interest to the property or transaction that is the subject of the action; (3) the applicant is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest; (4) the applicant’s interests are inadequately represented by the existing parties to the suit.