Connect with us

North Carolina

Foregone conclusion. Legal struggle over NC elections appointment power essentially ends with court ruling.

Published

on

Foregone conclusion. Legal struggle over NC elections appointment power essentially ends with court ruling.


Technically, Democratic Gov. Josh Stein’s lawsuit against Republican leaders over the transfer of his election appointment power to the state auditor could go on for a number of months. But practically, it’s over. 

Friday evening, the North Carolina Supreme Court ruled that the North Carolina Court of Appeals did not break any rules by allowing the power shift to go into effect on May 1, when a new State Board of Elections was appointed by Republican State Auditor Dave Boliek

While the court did not technically rule on the state constitutional questions at play — does the power shift violate separation of powers or the governor’s duty to faithfully execute the law? — it clearly signaled its approval of the power shift in a 5-2 decision. 

[Subscribe for FREE to Carolina Public Press’ alerts and weekend roundup newsletters]

Now, the majority Republican Court of Appeals will decide on those questions. 

Advertisement

Ultimately, its decision may be appealed to the North Carolina Supreme Court to review again. Since the case deals only with the state constitution, there are no federal court appeal options, said Martin Warf, attorney for Senate President Pro Tempore Phil Berger

North Carolina Democratic Party Chair Anderson Clayton confirmed. 

“State court is where this is going to begin and die,” she said. “That’s what Republicans knew going into it.”

How we got here

For nearly a decade, Republican lawmakers have pushed for an elections appointment power shift. 

Their various attempts have included a failed constitutional amendment creating an eight-member board with equal party representation, a law shifting appointment power to the legislature and an elimination of the board altogether to form a new Bipartisan State Board of Elections and Ethics Enforcement. 

Advertisement

All have fallen short. Until now.

Last December, the legislature passed Senate Bill 382, a Hurricane Helene relief bill that also shifted elections appointment power from the governor to the state auditor, a newly Republican-held office. 

In April, the Wake County Superior Court ruled 2-1 that taking away the governor’s election appointment power would hinder his constitutional duty to “take care that the laws be faithfully executed.” 

A week later, an anonymous three-judge panel of the North Carolina Court of Appeals handed down a ruling allowing the power shift to go into effect while they considered the issue. The ruling did not include an explanation.

While Stein asked for the state Supreme Court to step in and postpone the changes until a full decision was made, the court did not do so. If that wasn’t enough to make the court’s stance clear, its Friday opinion certainly did the job. 

Advertisement

According to the court’s reading of the state Constitution, the governor may head the executive branch, but he doesn’t “unilaterally exercise the executive power.” That’s for all 10 Council of State members, including the auditor, to share. Furthermore, the General Assembly is granted power under the state Constitution to assign many of those executive powers as they please, the opinion stated. 

Separation of powers issues brought up by Stein are irrelevant, the opinion stated. While the legislature is the one making the decisions, the transfer of power is contained within the executive branch. 

Democratic Justices Anita Earls and Allison Riggs dissented. 

Earls accused her colleagues of “gaslighting” by claiming to not decide the constitutional issue while laying out their logic for supporting the power shift anyways. The majority opinion ignores precedent on executive power, and gives the legislature free rein to “reshuffle the powers and responsibilities of constitutional officers who are elected by the entire state,” she added. 

“If the voters of North Carolina wanted a Republican official to control the State Board of Elections, they could have elected a Republican Governor,” Earls wrote. “If they wanted David Boliek (the Auditor) in particular to run our elections, they could have elected him Governor. The voters did not.” 

Advertisement

After power shift, what’s next? 

Democracy North Carolina policy director Katelin Kaiser worries that the state Supreme Court ruling will create a culture of fear. 

What if Democratic Superintendent of Public Instruction Mo Green pushes back on the legislature’s stance on DEI? Are they going to modify his powers, Kaiser asked. 

“It creates a requirement of loyalty to the North Carolina General Assembly,” she said. “Rather than the separation and balance of powers, it’s the General Assembly’s say, and if you don’t fall in line, you could be next.” 

The courts won’t offer any relief, Clayton said, so instead she’s looking to another source of power: people’s voices. 

It’s as important now as ever for educated voters to show up to election board meetings, Clayton said. 

Advertisement

“It means making sure that we are present and vocal, and that we’re not also appointing folks that are going to just agree with what the Republican majority on the board says,” she said. 

Further down the line, re-electing Justice Earls and flipping Republican state Supreme Court seats in 2028 is the Democratic plan, she said. 

“We know that Republicans do not believe in fair and impartial judgments anymore,” Clayton said. “They believe in partisan acts and empowering their own party to ignore the Constitution.” 

Kaiser said Democracy NC will bolster its county election board monitoring program and continue advocating for elections officials. For example, they’d like the legislature to change a 1999 law that allows county elections directors to be paid as little as $12 an hour. 

“We’ve seen time and time again that their workload increases, and yet, many times the state does nothing to support,” she said. 

Advertisement

There’s no question that Republican legislators will win the case, Common Cause policy director Ann Webb said. The only question is how long it will take until the litigation officially ends. 

“I think the question is really up to the Governor at this point, whether to continue to pursue this case, recognizing that it’s been signaled from both of these courts where they stand,” Webb said. 

Advertisement

This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. You may republish our stories for free, online or in print. Simply copy and paste the article contents from the box below. Note, some images and interactive features may not be included here.





Source link

North Carolina

Greenville Police Department Join Effort Promoting Safe Firearm Storage

Published

on

Greenville Police Department Join Effort Promoting Safe Firearm Storage


The Greenville Police Department joined community leaders in Pitt County this week to promote safe firearm storage as part of North Carolina’s annual NC S.A.F.E. Week of Action, the Greenville Police Department said.

In a statement, the Greenville Police Department thanked NC S.A.F.E. and the North Carolina Department of Public Safety for the opportunity to help educate residents about responsible firearm storage practices.

We want to thank NC S.A.F.E. and the North Carolina Department of Public Safety for allowing us to help relay to the community the importance of safely securing firearms so that we can avoid tragedies in the future!

The local event follows Gov. Josh Stein’s proclamation recognizing June 1-7 as NC S.A.F.E. Week of Action.

According to Gov. Stein’s office, the campaign aims to encourage gun owners to securely store firearms and make safety resources more widely available across North Carolina.

Advertisement

An unlocked gun is a tragedy waiting to happen, and too often, it does,” said Governor Josh Stein. “NC S.A.F.E Week is a reminder to all of us about the measures we can all take to keep ourselves and the people we love safe.

Safe firearm storage is one of the simplest steps we can take to prevent tragedies before they happen,” said North Carolina Department of Public Safety Deputy Secretary William Lassiter Lassiter. “NC S.A.F.E. is increasing awareness around secure firearm storage and making safety resources more accessible to help reduce preventable injuries and build safer communities throughout our state.



Source link

Continue Reading

North Carolina

The Real Reason North Carolina’s GOP Is Proposing the Most Radical Anti-Abortion Bill Yet

Published

on

The Real Reason North Carolina’s GOP Is Proposing the Most Radical Anti-Abortion Bill Yet


Another anti-abortion abolitionist proposal has been in the news. This time, conservative lawmakers in North Carolina have asked voters to approve a state constitutional amendment recognizing the personhood of embryos and establishing that anyone who ends an embryonic life is guilty of first-degree murder. Those penalties might also apply to people pursuing in vitro fertilization or using some contraceptives, given that abortion foes sometimes view either as requiring the taking of unborn life. And that’s the most ordinary part of the proposal: The bill also provides that private individuals have a right to use deadly force to prevent “the willful destruction of life.” House Bill 1232 isn’t clear about exactly who could exercise this constitutional right to vigilante violence. Would it just be available to those seeking to kill abortion providers and patients? Or might it apply even more broadly to those seen to aid them?

The bill has been greeted with bafflement and disbelief. One of its co-sponsors was embarrassed enough to remove his name from the proposal. But the idea of licensing private violence did not come out of thin air. There have been decades of debate about the use of force within the anti-abortion movement. And as conservatives embrace an increasingly punitive agenda, old justifications for violence have reemerged.

Since the 1960s, abortion foes have rallied around the idea that constitutional rights begin the moment an egg is fertilized. That meant that liberal abortion laws would violate the federal Constitution. Because that claim didn’t gain traction in the federal courts, abortion opponents didn’t have to settle what it would mean in practice to enforce this idea of personhood. Did it require that abortion be punished as murder, or that women be punished? Might it instead require more support for women during pregnancy?

By the 1980s, as the anti-abortion movement aligned with the Republican Party, the movement’s leaders increasingly retooled their ideas of justice for the unborn to fit the GOP’s tough-on-crime agenda. They endorsed fetal homicide laws and backed prosecutions based on conduct during pregnancy. But these moves didn’t lead to the reversal of Roe, much less a decline in the abortion rate.

Advertisement

Frustration led to a wave of lawbreaking. Operation Rescue, a clinic blockade group, invited supporters to use civil disobedience and break the law if necessary to stop people from entering abortion clinics. Operation Rescue disrupted the Democratic National Convention in 1992 and recorded thousands of arrests. Blockaders even developed a legal argument to justify their actions, drawing on the common law defense of necessity, which allows someone to break a law to achieve a greater moral good.

Some advocates went further. If abortion really were the murder of an equal person, they asked, why wasn’t it justified to use deadly force to protect that equal person?

Prominent figures in the late 1980s and early 1990s elaborated on that argument in books and talk-show appearances. The claim justified kidnappings, firebombings, and a series of murders of doctors, clinic staff, and security. Powerful anti-abortion groups denounced the violence, but the question of deadly force struck others as surprisingly complex. If a fertilized egg was an equal person, and if the way to protect that person involved violence, why was deadly force off limits?

While violence against abortion clinics and providers never went away, it receded from the peak of the 1980s and early 1990s. The federal Freedom of Access to Clinic Entrances Act, which heightened penalties for threats, violence, and obstruction of people entering facilities, radically undercut the clinic blockade movement when Congress passed it in 1994. So did the conviction of high-profile murder defendants like Michael Griffin and Paul Hill. The clinic blockade movement was consumed by internal divides, with multiple organizations even claiming the name Operation Rescue. Anti-abortion leaders mostly focused on change through the courts and politics.

Now that Roe is gone, the movement is at an inflection point. Personhood has become the movement’s new North Star. And while success in the federal courts isn’t imminent, there is now no reason a state couldn’t enforce any vision of personhood. That means that conservatives have to decide what they mean by enforcing the rights of the unborn. This bill is a sign that even punishing women doesn’t strike some as harsh enough.

Advertisement

This bill won’t pass. For starters, North Carolina is not the most likely state to pass any abortion abolitionist bill; at the moment, it doesn’t even ban abortion from the moment of fertilization. And no state has yet passed any kind of abolitionist proposal, much less one allowing people to gun one another down in the name of protecting life.

But this bill has a different resonance now that Donald Trump has pledged not to enforce the FACE Act in the abortion context except in the most extreme circumstances. It is also a reminder of how the Overton window on personhood is shifting. Abolitionists who call for the punishment of women are gaining influence in state legislatures and movement debates. They have developed their own incremental approach: In South Carolina, for example, Richard Cash, a powerful lawmaker, tried this session to advance a bill punishing women for abortion, but only for a misdemeanor, rather than a felony. The bill became the second abolitionist proposal to pass through a committee this spring before time ran out to pass it this session.

Leading anti-abortion groups still speak out against abolitionists, but their strategy is clear: normalizing the idea of punishing women. The more extreme proposals conservatives advance, the more previously unthinkable ideas become politically realistic.



Source link

Continue Reading

North Carolina

In North Carolina Senate race, Democrat leans on economic message early

Published

on

In North Carolina Senate race, Democrat leans on economic message early


With one exception, Democrats have lost every single U.S. Senate race in North Carolina this century, their quests in recent years rocked by controversy and difficult political climates. This year, they are betting two things will make it different: The candidate is Roy Cooper, the southern state’s former governor, and the economy, where voter anger could imperil the party in power.

Months out from Election Day, Cooper’s Senate campaign is centering his message on economic anxiety. In his first television ad of the cycle — details of which were first reported by MS NOW — Cooper weaves his personal story with the kitchen-table concerns preoccupying voters.

“I’m running for the Senate to make life easier today,” Cooper says in the spot, which his campaign says is part of a seven-figure ad buy. “To go after insurance companies ripping you off. To make sure you can retire with dignity. And to build an economy that finally values working people.” 

The North Carolina race is primed to be one of the most important contests of this fall’s midterms as he attempts to flip control of one of North Carolina’s U.S. Senate seats for the first time since 2008. The recruitment of Cooper — a two-term governor who was elected both times while Trump carried the state in the same election cycle — has buoyed the party’s hopes. 

Advertisement

This is also a contest in which Trump’s influence is clearly a factor. The president has thrown his support behind former Republican National Committee Chair Michael Whatley, pitting a candidate with deep ties to Trump against Cooper, who has long demonstrated an ability to win in the state despite national political headwinds.



Source link

Advertisement
Continue Reading
Advertisement

Trending