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Opinion | A Judicial Coup in North Carolina

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Opinion | A Judicial Coup in North Carolina


Democrats declare the U.S. Supreme Court docket will subvert democracy if it overrules a North Carolina resolution on legislative gerrymandering. However a unprecedented ruling Friday by the North Carolina Supreme Court docket exhibits why such U.S. judicial intervention is warranted.

4 Democratic Justices struck down the GOP Legislature’s state Senate map and voter ID requirement—two weeks earlier than the judges are set to lose their majority. The 4-3 Democratic majority has repeatedly overruled the GOP Legislature in election circumstances. Its ruling to overturn the Congressional map produced Moore v. Harper, the gerrymander case the U.S. Supreme Court docket heard this month.

That case includes the U.S. Structure’s Elections Clause, which says the time, place and method of Congressional elections shall be prescribed “in every State by the Legislature thereof.” Democrats say Legislature must be construed broadly and that state judges can test partisan lawmakers. However the North Carolina Supreme Court docket’s two choices Friday underline how state judges can act as partisans and subvert democracy.

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In February the 4 Democratic Justices dominated that the state legislative and Congressional maps violated the state structure’s assure of free elections and speech. Their concocted grounds have been that the maps would forestall elections from reflecting the desire of the folks and burden the best to equal voting energy based mostly on political viewpoint. Translation: They resulted in too few Democratic seats.

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The Justices ordered the Legislature to redraw the maps and a trial courtroom to overview them based mostly on numerous statistical metrics. To evaluate the redrawn maps, the trial courtroom appointed three particular masters, who employed 4 political scientists. Primarily based on their recommendation, the trial courtroom authorized the legislative maps and rejected the Congressional map.

The particular masters and their assistants then redrew the Congressional map, which legislative leaders appealed to the U.S. Supreme Court docket and is the main focus of Moore. Meantime, liberal plaintiffs backed by

Eric Holder’s

Nationwide Redistricting Basis challenged the state legislative maps as a result of they nonetheless weren’t Democratic sufficient.

On Friday the state Supreme Court docket agreed with respect to the state Senate map—and right here’s the kicker. The Democratic Justices forged apart their earlier ruling that maps that complied with statistical exams could be “presumptively constitutional.” The Senate map complied, however the Justices struck it down anyway due to the “contextual factual discovering” that Democrats didn’t vote for it.

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In sum, the Democratic Justices gave themselves unchecked authority over redistricting. As Republican Chief Justice

Paul Newby

defined in a dissent, the bulk’s imprecise standards for judging maps “ensures that 4 members of this Court docket alone perceive what redistricting plan is constitutionally compliant.”

Mr. Holder praised the choice, saying it “might affect the end result of Moore v. Harper” since “the North Carolina Supreme Court docket clarified its function beneath state regulation as a test over the state legislature relating to redistricting” and “the Supreme Court docket of america should be held to that interpretation.”

Uh, no. The U.S. Supreme Court docket isn’t sure by state judges’ interpretations. Whereas the Senate map, not like the Congressional map, doesn’t implicate the U.S. Structure’s Elections Clause, Democratic Justices are once more revealing their partisanship.

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Within the voter ID case, the Justices overruled a U.S. Fourth Circuit Court docket of Appeals resolution. The three-judge federal panel famous that the regulation was far much less strict than different states’ picture ID necessities, and plaintiffs produced no proof it was handed with racial animus or would abridge minorities’ proper to vote.

Democratic Justices nonetheless mentioned the Fourth Circuit ruling “is neither controlling nor persuasive” as a result of it didn’t “have the profit” of liberal specialists who introduced testimony in state courtroom. None of them confirmed the regulation had a discriminatory intent, however the 4 Justices claimed the historical past of voter suppression in North Carolina was sufficient to strike it down.

The 4 Justices additionally complained that the Legislature handed the ID requirement throughout a lame-duck session earlier than they’d lose their veto-proof majority. That is ironic on condition that the Justices rushed out their two choices shortly earlier than they lose their majority. Final month North Carolina voters elected two new Republican Justices regardless of being outspent three-to-one.

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Who higher represents democracy in North Carolina—an elected Legislature, or 4 state judges who flip their judicial logic when it fits their partisan ends? Let’s not hear any extra jabberwocky about judges subverting democracy if the U.S. Supreme Court docket guidelines that Legislature means Legislature.

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Journal Editorial Report: The week’s greatest and worst from Kim Strassel, Collin Levy, Allysia Finley and Dan Henninger. Picture: Agence France-Presse/Getty Pictures

Copyright ©2022 Dow Jones & Firm, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8



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North Carolina

TideIllustrated – Harrison Was Waiting For a North Carolina Offer

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TideIllustrated  –  Harrison Was Waiting For a North Carolina Offer


Kendre’ Harrison probably has more collegiate options than any other high school player in America.

The exceptional two-sport athlete out of Reidsville is ranked No. 28 in basketball, and No. 17 in football nationally according to Rivals. He has right around three dozen scholarship offers in both sports.

The North Carolina Basketball program became the latest one on Thursday. It’s appropriate that it occurred during a football event on the UNC campus.

The 6-foot-7 power forward now has hoops offers from Florida State, Georgetown, North Carolina, North Carolina State, Penn State, Texas A&M, and Wake Forest.

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We spoke with Harrison a couple of weeks back at the EYBL session in Memphis. At that time he told us that he had been on the campus in Chapel Hill 15 times. Barring another trip in between then and now his offer from Hubert Davis came on visit number 16.

When it came to the Tar Heels’ basketball program Harrison told us last month, “They really like me. I don’t think they offer sophomores like me. I’m always on the football side of UNC. I’m always there. When I do get to talk to the basketball coaches they tell me they like me. They like how I play defense, and how I move around for my size. They just want to get me back on campus for the basketball side.”

We spoke again Thursday evening for a brief time after his big offer from Coach Davis.



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North Carolina Senate gives initial approval to legalizing medical marijuana

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North Carolina Senate gives initial approval to legalizing medical marijuana


RALEIGH, N.C. (AP) — North Carolina got a step closer to legalizing medical marijuana on Thursday when the state Senate gave it its initial approval.

The Senate approved a measure legalizing medical marijuana in its first of two votes, 33-9, with nine Republicans breaking from the rest of the party to oppose it. If approved a second time, the bill will go to the state House, which has historically blocked Senate attempts to legalize the drug’s medical use.

Medical cannabis products are legal in 38 states and the District of Columbia, according to the National Conference of State Legislatures. More than 20 states allow the drug to be used recreationally, too.

Legalizing medical marijuana for qualifying patients with a “debilitating medical condition” was added to a bill on Wednesday that originally focused on creating further state regulations for federally legal hemp products. Those hemp products contain a concentration of less than 0.3% of THC concentration, the compound that gives marijuana its high.

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Although the hemp regulations remain in the bill, Sen. Danny Britt, a Republican from Robeson County, said on the Senate floor that adding medical marijuana was necessary to “get out in front” of an expected federal reclassification of marijuana from a Schedule I drug to a less dangerous Schedule III drug.

Sen. Bill Rabon, a Republican from Brunswick County who is one of the most vocal proponents of legalizing medical marijuana, said the bill would help sick and dying people in the state. Like in previous sessions, he recounted his own experience smoking pot while undergoing chemotherapy for colon cancer.

“With 18 months to live, I’m here 20 years later because I had a physician who told me to do this, and I did,” Rabon told Senate colleagues.

The bill awaits its second senatorial vote on Monday. Rabon said the chamber might submit additional amendments after reviewing requests from the House.

The House hasn’t clearly indicated if it would pass the bill.

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House Speaker Tim Moore said Thursday that he supports legalizing medical marijuana through a Senate measure approved last year, but has said repeatedly that it wouldn’t be considered because not enough House Republicans back the idea.

Moore didn’t know whether combining the legalization with the hemp regulation provisions would persuade additional colleagues. He said he anticipated House Republicans would privately discuss the idea next week.

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Associated Press writer Gary D. Robertson contributed to this report.



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Vape Registry Rule Slipped Into North Carolina Bill

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Vape Registry Rule Slipped Into North Carolina Bill


North Carolina State House of Representatives Chamber (Credit: J Zehnder)

A new bill in North Carolina, if passed, would require the state to certify vaping and other next-generation tobacco products for sale.

The Senate Judiciary Committee approved the proposal Wednesday. It was slipped into HB 900, which deals with Wake County leadership academies and their ability to maintain state designations. The House passed it without objection.

To become law, the bill would need to pass the Senate and then the House before the end of the session. Senate leaders have said they plan to complete their work by the end of the month, local media reports.

The chambers, both controlled by Republicans, have been unable to come to an agreement on budget modifications for the fiscal year that begins July 1.

A North Carolina lawmaker wrongly told other lawmakers during debate that the U.S. Food and Drug Administration regulates the products, but the regulatory agency does not have the ability to check which products are being sold.

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The bill would fine retailers who sell products that aren’t on the registry for initial violations. The legislation could also suspend or revoke the establishment’s license.

Vaping industry representatives warned lawmakers that the bill will cost people jobs and money.

PMTA registry laws are already being enforced in Alabama, Louisiana and Oklahoma. Wisconsin passed a registry law in December and will become effective July 1, 2025. 

Utah also passed a registry bill that included a flavor ban that will become active on Jan. 1, 2025, and Florida has a unique registry that also begins Jan. 1, 2025.



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