Response for the United States to Motion for Leave to Intervene
Public Court Documents
December 12, 1988

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Case Files, Chisom Hardbacks. Response for the United States to Motion for Leave to Intervene, 1988. 7319b36e-f211-ef11-9f8a-6045bddc4804. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/9daf5bfb-f350-42b1-8b6f-47738faa6700/response-for-the-united-states-to-motion-for-leave-to-intervene. Accessed April 27, 2025.
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Ii IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA RONALD CHISOM, et al., ) ) Plaintiffs, ) ) ) UNITED STATES OF AMERICA, ) ) Plaintiff-intervenor, ) ) ) V. ) ) CHARLES E. ROEMER, et al., ) ) Defendants. ) ) ) Civil Action No. 86-4075 Section A RESPONSE FOR THE UNITED STATES TO MOTION FOR LEAVE TO INTERVENE This action involves a challenge under Section 2 of the Voting Rights Act, 42 U.S.C. 1973, to the multi-judge district used to elect two of the seven members of the Louisiana Supreme Court. Pascal F. Calogero, Jr., one of the two members of the court elected from that district, seeks to intervene as a defen- dant "in order to participate in litigation concerning the appropriate remedy in the event there is such litigation." Memo- randum In Support of Intervention, at 5. He states that he will 'not seek to contest the plaintiffs' effort to have the current Supreme Court district declared in violation of the Voting Rights Act." Id. The United States does not oppose Justice Calogero's per- missive intervention pursuant to Rule 24(b), Fed. R. Civ. P., for the limited purpose of participating in any remedial pro- ceedings. 2/ We note, however, that Justice Calogero has not filed a responsive pleading to our complaint and any order allowing him to intervene should require him to do so. Rule 24(c), Fed. R. Civ. P. Respectfully submitted, JOHN VOLZ United States Attorney JANE P. TURNER Ac Assistant Attorney General GERALD W. JONES STEVEN H. ROSENBAUM ROBERT S. BERMAN Attorneys, Voting Section Civil Rights Division Department of Justice P.O. Box 66128 Washington, D. C. 20035-6128 (202) 724-3100 I/ We do not believe that Justice Calogero is entitled to inter- vene as of right pursuant to Rule 24(a), Fed. R. Civ. P., pri- marily because whatever interest he has in the election system at issue is represented adequately by the existing defendants: the Governor, the Secretary of State, and the Commissioner of Elec- tions. "A presumption of adequate representation generally arises when the representative is a governmental body or officer charged with representing the interests of the absentee." Com- monwealth of Pennsylvania v. Risso, 530 F.2d 531 (3rd Cir.), cert. denied sub nom., Fire Officers Union V. Pennsylvania, 426 U.S. 921 (1976). CERTIFICATE OF SERVICE I hereby certify that on this/rt4 day of December 1988, served a copy of the foregoing Response for the United States to Motion for Leave to Intervene by mailing a copy, by overnight express mail, to the following persons: William P. Quigley 901 Convention Center Blvd. Fulton Place Suite 901 New Orleans, LA 70130 Roy Rodney, Jr. 643 Magazine Street New Orleans, LA 70130 Julius L. Chambers Charles Stephen Ralston Judith Reed 99 Hudson Street, 16th Floor New York, New York 10013 Pamela S. Karlan University of Virginia Law School Charlottesville, VA 22901 Ron Wilson Richards Building, Suite 310 837 Gravier Street New Orleans, LA 70112 William J. Guste, Jr. Attorney General Louisiana Department of Justice 234 Loyola Avenue, 7th Floor New Orleans, LA 70112 M. Truman Woodward, Jr. 909 Poydras Street, Suite 2300 New Orleans, LA 70130 Blake G. Arata 201 St. Charles Avenue New Orleans, LA 70130 • George Strickler, Jr. 639 Loyola Street Suite 1075 New Orleans LA 10113 A. R. Christovich 1900 American Bank Bldg. New Orleans, LA 70130 Moise W. Dennery 601 Poydras Street New Orleans, LA 70130 Robert G. Pugh 330 Marshall Street, Suite 1200 Shreveport, LA 71101 ROBERT S.BERMAN Attorney, Voting Section Civil Rights Division Department of Justice P.O. Box 66128 Washington D. C. 20035-6128 202-724-3100