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Pro-Lifers Denied Intervention In her ruling last week, Judge Eagles recognized “the general interests of the proposed intervenors,” but ultimately denied their request to join the defense of the WRTK Act against the lawsuit “because those interests are adequately represented by existing Defendants and intervention would unnecessarily complicate the case and cause undue delay.” Parties wishing to intervene and be added as defendants in a lawsuit must meet three conditions: 1) They “must prove an interest in the subject matter of the litigation;” 2) They “must show that the protection of their interests would be impaired because of the litigation;” and 3) They “must demonstrate that their interests are not being adequately represented by the existing Defendants.” Judge Eagles found in her decision that “the proposed intervenors clearly have not met the third element of the test.” The group of pro-life advocates had argued “that the [decision by the North Carolina Department of Justice, who is defending the law in the case] not to present evidence at a preliminary injunction hearing demonstrate[s] that their interests are not being adequately represented [and] that they would offer additional compelling state interests in support of the Act that the Defendants have not brought to the Court’s attention.” However, in her decision, Judge Eagles stated, “The Defendants have vigorously defended the constitutionality of the Act in their pleadings and in the courtroom. They are adequately and thoroughly representing the same interests the proposed intervenors have.” For this reason, she went on to “deny the proposed intervenors’ motion to intervene as a matter of right.” Previously, Judge Eagles granted an injunction against enforcing the portion of the law that would require “physicians to show patients seeking abortions a real-time display of the fetus and to orally describe to the patients what could be seen on the display.” All other portions of the law, including requirements that women seeking an abortion be given the name of the physician performing the abortion; information about the physical and psychological risks associated with abortions; the probable gestational age of the child; information regarding the abortionist’s liability insurance and nearby hospital at which the abortionist has clinical privileges; and information about the social and financial resources available to the woman should she choose to carry her unborn child to term went into effect as scheduled on October 26.Related resources: Copyright © 2012. North Carolina Family Policy Council. All rights reserved.
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