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Mitch Kokai | Final opinion day exposes NC Supreme Court’s divisions | Laurinburg Exchange

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Mitch Kokai | Final opinion day exposes NC Supreme Court’s divisions | Laurinburg Exchange


A vacation break seems to have arrived at simply the fitting time for the N.C. Supreme Court docket. Its ultimate opinion day of 2022 revealed the depth of disagreement among the many seven justices.

When 5 of these justices reconvene in 2023, joined by two new colleagues, it’s virtually sure that the court docket will tackle a distinct character. In place of the present lineup of 4 Democratic justices and three Republicans, the brand new court docket will characteristic a 5-2 Republican majority.

That court docket is unlikely to supply a bunch of opinions just like these handed down on Dec. 16.

Justices determined 27 circumstances that day. Simply a kind of circumstances, involving youngster custody points, featured all seven members signing on to the identical opinion. (A second case featured a unanimous ruling with solely 5 votes. Two justices took no half in that call.)

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In two different circumstances, all taking part justices agreed to succeed in the identical consequence, however Republicans wrote individually. Their concurring opinions expressed clearly that they weren’t adopting their Democratic colleagues’ reasoning. These circumstances handled disputes over launch of Greensboro police physique digicam footage and removing of a Accomplice statue in Winston-Salem.

Among the many remaining circumstances, 16 produced 4-3 splits. 9 of these selections pitted the four-vote Democratic majority towards the Republican minority.

Probably the most high-profile party-line splits concerned picture voter identification and election redistricting.

In Holmes v. Moore, Supreme Court docket Democrats agreed with a trial court docket panel that North Carolina’s 2018 voter ID regulation discriminated towards black voters. The unique court docket ruling additionally featured a party-line break up, as two Democratic judges overruled a Republican colleague.

The excessive court docket’s voter ID choice prompted a dissent from Republican Justice Phil Berger Jr.

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“In November 2018, the individuals of North Carolina overwhelmingly amended their structure to incorporate a voter-ID requirement primarily based upon a easy perception — that would-be voters needs to be required to determine themselves previous to casting a poll,” Berger wrote. “Enabling laws within the type of [Senate Bill]. 824 was handed to effectuate the necessities of that constitutional modification.”

“The plain language of S.B. 824 reveals no intent to discriminate towards any group or particular person, and there’s no proof that S.B. 824 was handed with race in thoughts, not to mention a racially discriminatory intent,” he added. “The bulk depends, because it should, on a misapplication of related case regulation and by itself inferences to succeed in a opposite consequence.”

Berger and fellow Supreme Court docket Republicans contended that “authorized error contaminated the whole lot of the trial court docket’s choice.”

In Harper v. Corridor, Supreme Court docket Democrats agreed with a distinct three-judge panel’s choice to throw out the Republican-led Basic Meeting’s congressional election map. However Democratic justices dominated that the panel additionally ought to have tossed out a state Senate election map. That map drew fireplace from left-of-center activists.

Republican Chief Justice Paul Newby’s 72-page dissent blasted Democratic colleagues for leaping into the election mapmaking course of.

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“To which department of presidency does our structure place the function of redistricting? The structure expressly provides that duty to the legislative department; even the bulk so concedes. Whereas paying lip service to this categorical grant of authority, the bulk retains for itself the last word redistricting duty,” Newby wrote.

The chief justice reminded observers that Supreme Court docket Republicans warned again in February that Democrats deliberate to swipe redistricting authority from lawmakers.

“As we speak this prediction is fulfilled,” Newby wrote. “[T]he majority successfully amended the state structure to determine a redistricting fee composed of judges and political science specialists. When, nonetheless, this fee, utilizing the bulk’s redistricting standards, reached an consequence with which the bulk disagrees, the bulk freely reweighs the proof and substitutes its personal fact-finding for that of the three-judge panel. Once more, as predicted, ‘[t]he 4 members of this Court docket alone will approve a redistricting plan which meets their take a look at of constitutionality.’”

Along with these high-profile political circumstances, Democratic and Republican justices break up in Dec. 16 selections coping with worker demise advantages, admissibility of testimony in a legal trial, the constitutional proper to a lawyer, and different points.

In a court docket that has persistently produced a majority of unanimous rulings, together with 81% of circumstances determined in 2021, simply 64 of this 12 months’s 135 selections (47%) featured unanimity. Forty circumstances, roughly 30% %, produced 4-3 splits.

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With senior Democratic Justice Robin Hudson retiring from the court docket, and fellow Democrat Sam “Jimmy” Ervin IV dropping his re-election bid, the court docket is certain to function in a different way subsequent 12 months. Because the court docket welcomes new Justices Trey Allen and Richard Dietz, observers will look ahead to indicators that the seven-member group has tapped a proverbial “reset” button.

Mitch Kokai is senior political analyst for the John Locke Basis.



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North Carolina

North Carolina's GOP-controlled House overrides Democratic Gov. Roy Cooper's vetoes

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North Carolina's GOP-controlled House overrides Democratic Gov. Roy Cooper's vetoes


RALEIGH, N.C. (AP) — North Carolina’s Republican-led House quickly overrode three of Democratic Gov. Roy Cooper’s vetoes on Wednesday.

The House votes, largely along party lines, sent the overrides to the Senate, which does not meet this week. Veto overrides require supermajorities from both legislative chambers to become law. Since gaining supermajorities last year, GOP lawmakers have blocked all of Cooper’s vetoes.

The first bill allows the North Carolina Division of Motor Vehicles to issue title certificates for all-terrain and utility vehicles, and expands the types of roads accessible for modified utility vehicles to include all roads with speed limits of 55 mph or less. Cooper said in his veto statement that the law would endanger people on state highways because off-road vehicles don’t have as many safety features.

The second piece of legislation changes several laws involving tenancy, notaries and small claims court. What mostly prompted Cooper’s veto was a prohibition against local ordinances that aim to stop landlords from denying tenancy to people whose rent money comes mostly from federal housing assistance programs.

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The last bill, among other things, blocks state agencies from taking payments in central bank digital currency, which is similar to cryptocurrencies, but with value determined by a country’s central bank. In the U.S., the Federal Reserve would be liable for the currency’s value, and the agency is still studying whether it can manage its risks to the cost and availability of credit, the safety and stability of the financial system, and the efficacy of monetary policy.

Cooper called the legislation “premature, vague and reactionary,” and urged the Legislature to wait to see how it works before passing laws to restrict it.

There are two more vetoes that still require action from both chambers. Lawmakers are scheduled to reconvene in early September.





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Most NC schools don’t have carbon monoxide detectors in classrooms

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Most NC schools don’t have carbon monoxide detectors in classrooms


Thousands of school buildings in North Carolina, including many in Wake County, do not have carbon monoxide detectors.

On Wednesday, state schools leaders will look at how to address that. Talks are happening inside the state education building about ways to keep your student safe.

On Wednesday, we’ll get a breakdown of what it would take to install carbon monoxide detectors in schools.

State education leaders will be reviewing a report Wednesday afternoon. It shows most North Carolina schools don’t have them.

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In Wake County, about 200 school buildings don’t have the devices. That’s more than a third of school buildings in the county. It would cost about $2.1 million to get them installed. It would cost $40 million to install them in schools across the state.

Nikki James Zellner with CO Safe Schools said not having these detectors puts children at risk.

“We think that we’re protected when we’re going into these establishments,” she said. “We think that our children are protected, but in reality, we’re relying on institutional standards that haven’t really been updated in a significant amount of time.”



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North Carolina governor says Harris 'has a lot of great options' for running mate

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North Carolina governor says Harris 'has a lot of great options' for running mate


SUPPLY, N.C. — A day after confirming he wouldn’t be a candidate for Vice President Kamala Harris’ running mate, North Carolina Gov. Roy Cooper said Tuesday at a public event that he’s excited that Democrats “have a lot of great options for her to choose from.”

Speaking in coastal Brunswick County with U.S. Environmental Protection Agency Administrator Michael Regan to celebrate federal funding for land conservation, Cooper reiterated his Monday message by saying “this was not the right time for our state or for me to potentially be on a national ticket.”

Cooper, barred by term limits from seeking reelection this year, had been among roughly a dozen potential contenders that Harris’ team was initially looking at for a vice presidential pick. He’s been a surrogate for President Joe Biden’s reelection bid and now for Harris.

“I am going to work every day to see that she is elected,” Cooper told WECT-TV. “I believe that she will win, and I look forward to this campaign because she has the right message and she is the right person for this country.”

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In making his decision, Cooper confirmed Tuesday that he was concerned in part about what Republican Lt. Gov. Mark Robinson could do if he left the state to campaign as part of the Democratic ticket. The state constitution says that “during the absence of the Governor from the State … the Lieutenant Governor shall be Acting Governor.” Robinson is running for governor this fall.

“We had concerns that he would try to seize the limelight because there would be a lot, if I were the vice presidential candidate, on him, and that would be a real distraction to the presidential campaign,” Cooper said.

Cooper pointed to when he traveled to Japan last fall on an economic development trip. As acting governor at the time, Robinson held a news conference during his absence to announce he had issued a “NC Solidarity with Israel Week” proclamation after the Oct. 7 Hamas attack inside the country.

Cooper also said Tuesday that he informed Harris’ campaign “early in the process” that he would not be a candidate, but that he didn’t reveal publicly that decision at first so as not to dampen enthusiasm for Harris within the party.

“My name had already been prominently put into the media and so I did not want to cause any problems for her or to slow her great momentum,” he told WRAL-TV while in Supply, located about 160 miles (258 kilometers) south of Raleigh. Cooper said he announced his decision when “there had begun to be a lot of speculation about the fact that I was not going to be in the pool of candidates, and in order to avoid the distraction of the speculation.”

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Tuesday’s event at Green Swamp Preserve celebrated a $421 million grant for projects in North Carolina, South Carolina, Virginia and Maryland to reduce climate pollution. The money will be used to preserve, enhance or restore coastal habitats, forests and farmland, Cooper’s office said.



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