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Students for Fair Admissions v. University of North Carolina

United States District Court for the Middle District of North Carolina · Constitutional Law

Constitutional LawCivil ProcedureInterventionRace-conscious admissionsTitle VIFourteenth AmendmentRule 24(b)permissive intervention

Facts

SFFA challenged UNC-Chapel Hill's admissions policy, alleging that race was used as a dominant factor and that race-neutral alternatives could achieve diversity. Proposed intervenors were four minority UNC students and five high-achieving minority high school students intending to apply to UNC-Chapel Hill. They sought limited participation to submit evidence on the history of segregation and discrimination at UNC and in North Carolina, and on the effect of UNC's existing and SFFA's proposed admissions processes on the critical mass of diverse students. SFFA and UNC opposed intervention and argued that participation as amici curiae would be sufficient.

Issue

Whether the proposed student intervenors should be allowed to intervene under Rule 24(b) to defend UNC-Chapel Hill's admissions policy on a limited basis. More specifically, the court considered whether their motion was timely and whether permitting intervention would unduly delay or prejudice the original parties.

Rule

Under Rule 24(b), on timely motion, a court may permit intervention by anyone who has a claim or defense sharing a common question of law or fact with the main action. In deciding permissive intervention, the court must consider whether intervention will unduly delay or prejudice adjudication of the original parties' rights, but those findings are not determinative; the decision is committed to the district court's discretion, and the court may impose conditions on the intervenor's participation. Timeliness is assessed by considering how far the suit has progressed, the prejudice any delay might cause other parties, and the reason for the tardiness.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A nonprofit sues a public engineering school in Ohio, alleging its scholarship selection policy violates the Equal Protection Clause and Title VI. Two current students and three high school seniors from Cleveland move to intervene seven months after the complaint, but only five weeks after the court entered its first scheduling order and opened discovery.

Which is the strongest basis for finding the motion timely under Rule 24(b)?

Explanation. Under the majority opinion, timeliness is evaluated by looking to how far the suit has progressed, prejudice from delay, and the reason for tardiness. A motion filed after the complaint but shortly after discovery begins and before major deadlines may still be timely because the suit remains in its early stages. The court rejected any rigid calendar rule and did not require satisfaction of intervention-as-of-right standards for permissive intervention.