State of Arizona v. Tucson Unified School District

MEMORANDUM

The State of Arizona appeals the denial of its second motion for reconsideration of the district court’s order denying it leave to intervene. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993), and we affirm the district court’s ruling.

In its motion to intervene, Arizona argued it should be permitted to intervene in order to ensure that any ethnic studies courses called for in the Unitary Status Plan would not violate state law. It provided a detailed discussion of A.R.S. § 15-112. Arizona asserted its interest “is ensuring that the interpretation and operation of state law is considered in the development of new ethnic studies curricula.” Arizona maintained that any implementation of ethnic studies courses in violation of A.R.S. § 15-112 “would unconstitutionally usurp the State’s right to administer its laws.”

The district court denied Arizona’s motion to intervene as untimely because it reasonably determined that allowing Arizona to intervene shortly before the filing date for the draft Unitary Status Plan could prejudice the existing parties.…