Planned Parenthood of Wisconsin v. Kaul

Federal 7th Circuit Court
Civil Court
Intervention
Citation
Case Number: 
No. 19-1835
Decision Date: 
November 7, 2019
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

In action seeking to enjoin enforcement of Wisconsin abortion regulations, Dist. Ct. did not err in denying request by Wisconsin Legislature to intervene as matter of right in lawsuit under circumstances where Wisconsin was already represented by Wisconsin Attorney General. Rule 24 has preference for state to have only one legal representative, and Legislature failed to show that Attorney General was inadequate legal representative or otherwise was acting in bad faith or with gross negligence. Moreover, Dist. Ct. did not err in denying Legislature’s request for permissive intervention under Rule 24(b)(1), where Dist. Ct. could properly find that value that Legislature added to representation of Wisconsin was outweighed by practical complications associated with infusion of additional politics into politically-divisive area of law that would needlessly complicate case.