Stuart v. Huff, No. 12-1052 (4th Cir. 2013)Annotate this Case
This case involved the constitutionality of the North Carolina "Woman's Right to Know Act," N.C. Gen. Stat. 90-21.80 to -21.92, a statute that required certain informed consent procedures prior to the performance of an abortion. Appellants - a group of pro-life medical professionals, women who have previously undergone abortions, and pregnancy counseling centers - filed a motion to intervene as defendants in the suit. The court affirmed the district court's denial of appellants' motion to intervene as of right based on its finding that the Attorney General was adequately representing their interests. The court held that the putative intervenor must mount a strong showing of inadequacy. In this instance, both the government agency and the would-be intervenors wanted the statute to be constitutionally sustained. The court also held that the district court did not err in concluding that appellants failed to establish adversity of interest with the Attorney General and that the district court did not abuse its discretion in rejecting appellants' claim of nonfeasance by the Attorney General.