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North Carolina voters should pay close attention to the state courts | NC Newsline

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North Carolina voters should pay close attention to the state courts | NC Newsline


With the 2024 presidential and congressional elections on the horizon, many of us may be thinking about how these elections will impact the United States Supreme Court. Presidents nominate U.S. Supreme Court justices, and the U.S. Senate confirms these nominations, placing justices on the highest court in the land for a lifetime of consequential and precedent-setting rulings.

North Carolina voters mustn’t forget that we also have state judges issuing rulings that are equally, if not more, consequential for our state’s residents, often impacting our day-to-day lives. These judges are not appointed — we directly elect them. 

Do you have the tools you need to not just make informed decisions about who you will vote for, but also to educate your family and friends about the importance of these races? Too often voters will check off the top-of-the-ticket races and leave the races further down the ballot — like judicial races — blank. In elections where the winner may just have a few hundred more votes than their opponent, every vote counts.

In North Carolina, we vote on judges for our state Supreme Court, Court of Appeals, Superior Courts, and District Courts. As abortion access has been “thrown back to the states” in the wake of the 2022 U.S. Supreme Court decision in the Dobbs case, many readers may be familiar with the role of state supreme courts in protecting aspects of abortion access (such as in Kansas and Pennsylvania) or in further restricting access (recently in Texas), with more state decisions expected in the coming months (Wyoming and Florida).

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In the late-1990’s the North Carolina State Supreme Court upheld the legislature’s anti-abortion law that severely limited the use of the state abortion fund, but the court has not really weighed in on abortion cases in the years since; many of the challenges that have been brought to our state laws typically took place in federal courts. Without the federal protection of Roe v. Wade, however, we will likely see more cases come back to our state Supreme Court.

A timely example of the impact of our state courts can be seen in recent voting rights cases. In 2023, our state Supreme Court took the extremely politicized step of reversing two voting rights rulings that it had issued just months before. While not directly addressing abortion access, we know that political gerrymandering and efforts to block people from voting directly impact reproductive rights. Without a representative and accountable government, anti-abortion lawmakers feel free to pass their restrictions over the will of the people. When our state Supreme Court overturned its own rulings on voting rights and maps last year, the only thing that had changed in either case was the composition of the court.

Who serves on the court matters.

While our state Supreme Court can rule on constitutional issues and the protection of civil rights, the lower courts also regularly have an impact on our lives and rights, including reproductive rights and healthcare. The lower courts hear criminal and civil cases, small claims, and family law proceedings, and many of us are more likely to interact with these courts rather than the higher courts. With the increasing criminalization of abortion, pregnancy outcomes, and reproductive healthcare, cases involving self-managed abortion, miscarriages, stillbirths, assisting minors accessing abortion, interactions with anti-abortion protestors at clinics, and even providing information for abortion care may come before our state’s courts. 

We don’t have to imagine these scenarios because they’ve been happening across the country in the wake of Dobbs, and even before the fall of Roe. As we see anti-abortion elected officials become more emboldened, it seems likely we’ll see more attempts to push their anti-abortion agenda.

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For example, late last year, a North Carolina Appeals Court judge tried to insert his belief that life begins at conception into a child custody ruling (that was later withdrawn). While all judges are going to have their personal beliefs, our judicial branch is set up to provide rulings based on the constitution, legal precedents, and the foundation that we are all equal under the law. We expect the judges we elect to craft their rulings based on this foundation, not on their personal political ideology. 

It’s not just abortion rights cases that will come before our state courts, of course. Challenges to discriminatory laws and practices, domestic violence cases, family law proceedings, consumer protection cases, public education funding, and voting rights lawsuits have appeared and will come back before our state courts. Our judiciary was set up to be our third branch of government and serve as a check on legislative and executive branch overreach — not to push an ideological agenda. This March and November, in the primary and general elections, the voters will have a chance to have our say in who sits on those judicial benches.

Who serves on all of our state courts has probably never been more important. 

Emancipate NC, North Carolina for the People, and Pro-Choice North Carolina will be hosting a “State Courts 101” webinar on Tuesday, February 13. You can find more information and register here: https://prochoicenc.org/Courts

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Greenville Police Department Join Effort Promoting Safe Firearm Storage

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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.

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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.



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

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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.

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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.

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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.



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

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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. 

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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.



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