North Carolina
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).
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.
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
North Carolina
NC health officials urge vaccines amid measles and respiratory illness surge
ASHEVILLE, N.C. (WLOS) — The North Carolina Department of Health and Human Services (NCDHHS) is responding to the most recent measles cases and a spike in respiratory illnesses in North Carolina.
In a meeting hosted by NCDHHS, health officials stressed the importance of staying up to date on vaccines.
Those officials were also asked about the vaccination status of the three kids who tested positive for measles in Buncombe County.
“The three cases in Buncombe County, all three of them, had at least one dose of MMR vaccine,” said Dr. Erica Wilson with NCDHHS.
News 13 reported on Tuesday that the three siblings contracted measles after visiting Spartanburg County, South Carolina, where there’s currently a large measles outbreak.
3 BUNCOMBE COUNTY CHILDREN CONTRACT MEASLES AFTER SOUTH CAROLINA VISIT, NCDHHS REPORTS
The Mission Hospital Emergency Department waiting room in Asheville was listed as a possible measles exposure location on Sunday, Jan. 4, between 2 a.m. and 6:30 a.m.
Mission Health sent News 13 a statement, saying in part, “Our hospitals work with state and federal health officials on proactive preparedness, and we are following guidance provided by the CDC.”
The hospital provided state health officials with a list of 26 people who may have been exposed to measles on Jan. 4, according to Mission Health.
It’s not just Buncombe County that has reported measles in North Carolina recently.
“One in Polk County and three in Buncombe County. Additionally, there was a measles exposure alert we released in Gaston County. All are connected to an ongoing measles outbreak in Spartanburg County, South Carolina,” said Dr. Kelly Kimple with NCDHHS. “About 90% of unvaccinated individuals who are exposed will become infected.”
POLK COUNTY CHILD CONTRACTS MEASLES AFTER SOUTH CAROLINA VISIT, NCDHHS REPORTS
In the meeting, health officials also addressed the increase in respiratory illnesses like respiratory syncytial virus (RSV), COVID-19, and influenza.
“Whether it’s the childhood immunizations for things like measles, mumps, and rubella, or even the seasonal immunizations for things like RSV, COVID, and flu, vaccines are a critical and important part of remaining healthy and having healthy communities,” said NCDHHS secretary Dr. Devdutta Sangvai.
Additionally, as News 13 previously reported, there was a chickenpox outbreak in Buncombe County, with four cases confirmed at Fairview Elementary as of Jan. 6.
Health officials are reminding people that it’s not too late to get their seasonal vaccines. There are also additional preventative actions to protect oneself against respiratory viruses.
FLU CASES SURGE IN NC, STRAINING HOSPITALS AND INCREASING DEATH TOLL
“This includes regularly washing your hands with soap and water,” said Kimple.
Kimple suggests avoiding touching your eyes, nose and mouth. She also said to clean and disinfect frequently touched surfaces that may be contaminated.
“Cover those coughs and sneezes with a tissue and then discard the tissue promptly. Stay home when sick, except to seek medical care or testing, and take steps to avoid spreading infection to others in your home,” said Kimple.
NCDHHS also has helpful resources on its website, like a measles immunity checker, information about vaccines, and a program that helps eligible families get free vaccines.
North Carolina
A town in western North Carolina is returning land to the Eastern Band of Cherokee Indians
FRANKLIN, N.C. (AP) — An important cultural site is close to being returned to the Eastern Band of Cherokee Indians after a city council in North Carolina voted unanimously Monday to return the land.
The Noquisiyi Mound in Franklin, North Carolina, was part of a Cherokee mother town hundreds of years before the founding of the United States, and it is a place of deep spiritual significance to the Cherokee people. But for about 200 years it was either in the hands of private owners or the town.
“When you think about the importance of not just our history but those cultural and traditional areas where we practice all the things we believe in, they should be in the hands of the tribe they belong to,” said Michell Hicks, principal chief of the Eastern Band of Cherokee Indians. “It’s a decision that we’re very thankful to the town of Franklin for understanding.”
Noquisiyi is the largest unexcavated mound in the Southeast, said Elaine Eisenbraun, executive director of Noquisiyi Intitative, the nonprofit that has managed the site since 2019. Eisenbraun, who worked alongside the town’s mayor for several years on the return, said the next step is for the tribal council to agree to take control, which will initiate the legal process of transferring the title.
CHEROKEE CHIEF SIGNS ORDINANCE FOR FIRST OFFICIAL DEER SEASON ON TRIBAL LANDS
“It’s a big deal for Cherokees to get our piece of our ancestral territory back in general,” said Angelina Jumper, a citizen of the tribe and a Noquisiyi Initiative board member who spoke at Monday’s city council meeting. “But when you talk about a mound site like that, that has so much significance and is still standing as high as it was two or three hundred years ago when it was taken, that kind of just holds a level of gravity that I just have no words for.”
In the 1940s, the town of Franklin raised money to purchase the mound from a private owner. Hicks said the tribe started conversations with the town about transferring ownership in 2012, after a town employee sprayed herbicide on the mound, killing all the grass. In 2019, Franklin and the Eastern Band of Cherokee Indians created a nonprofit to oversee the site, which today it is situated between two roads and several buildings.
“Talking about Land Back, it’s part of a living people. It’s not like it’s a historical artifact,” said Stacey Guffey, Franklin’s mayor, referencing the global movement to return Indigenous homelands through ownership or co-stewardship. “It’s part of a living culture, and if we can’t honor that then we lose the character of who we are as mountain people.”
LUMBEE TRIBE OF NORTH CAROLINA GAINS LONG-SOUGHT FULL FEDERAL RECOGNITION
Noquisiyi is part of a series of earthen mounds, many of which still exist, that were the heart of the Cherokee civilization. The Eastern Band of Cherokee Indians also owns the Cowee Mound a few miles away, and it is establishing a cultural corridor of important sites that stretches from Georgia to the tribe’s reservation, the Qualla Boundary.
Noquisiyi, which translates to “star place,” is an important religious site that has provided protection to generations of Cherokee people, said Jordan Oocumma, the groundskeeper of the mound. He said he is the first enrolled member of the tribe to caretake the mound since the forced removal.
“It’s also a place where when you need answers, or you want to know something, you can go there and you ask, and it’ll come to you,” he said. “It feels different from being anywhere else in the world when you’re out there.”
The mound will remain publicly accessible, and the tribe plans to open an interpretive center in a building it owns next to the site.
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