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Opinion | The Philosopher Kings of North Carolina

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Opinion | The Philosopher Kings of North Carolina


North Carolina’s activist Supreme Court docket appears to consider that it’s the legislation unto itself. One in every of its doubtful selections on partisan gerrymandering is pending overview this fall by the U.S. Supreme Court docket. However this month the state Justices outdid themselves, ruling 4-3 that illegal gerrymandering additionally may very well be a authorized excuse to undo two constitutional provisions that voters strongly accepted.

When North Carolina redrew state legislative districts after the 2010 census, it was nonetheless beneath the “preclearance” regime created by the 1965 Voting Rights Act, which means that the brand new map was reviewed and given a stamp of approval by the U.S. Justice Division. However in 2015 a bunch of residents sued, and a federal courtroom finally concluded that 28 majority-black districts for the state Home and Senate have been unconstitutionally gerrymandered by race.

For a time, nevertheless, these districts remained in impact, throughout which the Legislature proposed two constitutional amendments, one imposing voter ID and the opposite capping the state revenue tax at 7%. Each have been ratified by voters within the 2018 election, and neither end result was shut. Voter ID handed by 11 factors and the tax cap by 15 factors. 4 years later, the state Supreme Court docket in NAACP v. Moore is successfully saying that the amendments may now be discarded because the fruit of a poisoned tree.

Within the telling of the bulk opinion, written by Justice

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Anita Earls,

the NAACP argued that as quickly because the judiciary invalidated the gerrymander, these 28 lawmakers “grew to become usurpers.” The bulk doesn’t go this far, citing the authorized doctrine of “de facto officers,” whose work stays legitimate regardless of some defect of their elevation. The purpose is to forestall a ruling that strikes down a gerrymander from making a state funds or a quorum vanish. “It could be insupportable,” the bulk says, “to carry that the folks of North Carolina have been left with none physique able to exercising legislative authority.”

Thus far so cheap. However then the courtroom invents an elevated commonplace for North Carolina’s constitutional amendments, saying that de facto officers may lack the facility to suggest them in sure circumstances. To that finish, the bulk devises an astounding multifactor check, starting with whether or not the lawmakers from the gerrymandered districts have been “ample in quantity to be decisive.”

If sure, judges should then ask whether or not the proposed modification will “immunize legislators from democratic accountability” or “perpetuate the continued exclusion of a class of voters from the political course of” or “deliberately discriminate in opposition to a specific class of residents who have been additionally discriminated in opposition to within the political course of resulting in the legislators’ election.” What fountainhead of authorized invention did that spring from?

The bulk remands the case for additional overview, however it notes that the trial courtroom already made associated factual findings. Members of the NAACP, the courtroom mentioned, “will likely be successfully denied the correct to vote” by voter ID. The tax cap “locations a flat, synthetic restrict on revenue taxes,” which “prohibits the state from establishing graduated tax charges” and “tends to favor white households and drawback folks of shade.” These are progressive political arguments from MSNBC, not authorized judgments.

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The dissent by Justice

Philip Berger Jr.

is unsparing. He says the state structure clearly lets the Legislature suggest amendments, full cease, and the bulk “egregiously violates separation of powers.” The brand new multifactor check will obligate judges “to look into the substance of every legislative motion and weigh the coverage implications.”

And the place else may the identical logic be prolonged? “A malapportioned legislature ratified the Twentieth Modification on January 5, 1933,” he says. “Underneath the bulk’s reasoning right here, is that this ratifying vote voidable?”

The dissent ends with a query to the next authorized energy. “When,” Justice Berger asks, “does judicial activism undermine our republican type of authorities assured in Article IV, Part 4 of america Structure such that the persons are now not the fountain of energy?”

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An fascinating question. The way in which that North Carolina’s 4 judicial thinker kings are going, the U.S. Supreme Court docket may wish to discover an event quickly to reply it.

Surprise Land: The primary Trump presidency started with the Russian collusion narrative. Now we now have its offspring—the classified-documents narrative, which like its predecessor, is heavy on insinuation and light-weight on information. Photographs: Shutterstock/AFP/Getty Photographs Composite: Mark Kelly

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North Carolina

Risant Health plans to acquire North Carolina hospital system

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Risant Health plans to acquire North Carolina hospital system


Risant Health, the new organization founded by Kaiser Permanente, is planning to add its second hospital system.

Risant has announced plans to acquire Cone Health, based in Greensboro, North Carolina. Cone includes four acute care hospitals, a behavioral health facility, a health plan, and an accountable care organization caring for nearly 200,000 patients. Risant and Cone announced the plans late last week.

The move comes just a couple of months after Risant announced it had completed the acquisition of Geisinger Health in Pennsylvania.

In announcing its plans, Risant Health CEO Dr. Jaewon Ryu lauded Cone Health’s commitment to value-based care.

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“Cone Health’s impressive work for decades in moving value-based care forward aligns so well with Risant Health’s vision for the future of healthcare,” Ryu said in a statement. “Their longstanding success and deep commitment to providing high-quality care to North Carolina communities make them an ideal fit to become a part of Risant Health.”

“We will work together to share our industry-leading expertise and innovation to expand access to value-based care to more people in the communities we serve,” Ryu said.

The organizations will need to secure the approval of regulators to complete the deal.

Under the plans, Cone Health will operate independently but will take advantage of resources and support from Risant Health.

Cone Health will retain its name and brand identity, along with its current leadership team and board of directors, the organizations said. Cone employs 13,000 workers and has 1,800 physicians.

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Dr. Mary Jo Cagle, president and CEO of Cone Health, said joining Risant Health “presents a unique opportunity to shape the future of healthcare in the Triad, the state, and across the nation.”

“As part of Risant Health, Cone Health will build upon its long track record of success making evidence-based healthcare more accessible and affordable for more people. The people across the Triad will be among the first to benefit,” she said.

Risant has said its goal is to acquire community-based hospital systems focused on providing value-based care.

A nonprofit organization, Risant is based in Washington, D.C. Greg A. Adams, Kaiser Permanente’s CEO, is the chairman of Risant Health’s board and stressed the need for moving away from fee-for-service care.

“Risant Health has put a stake in the ground that care focused on evidence, equity, population health and improved outcomes must be the future of healthcare,” Adams said in a statement. “Models like that of Kaiser Permanente, Cone Health and Geisinger will help make that possible.”

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After completing its acquisition of Geisinger in the spring, Risant reiterated its plans to acquire “4 to 5 additional leading community-based health systems over the next 4 to 5 years.”

Cone Health serves an area with strong growth and benefits from a favorable payer mix, with Medicaid and self-pay accounting for less than a fifth of its 2022 revenue, according to Fitch Ratings. Fitch has given Cone Health a stable outlook. Cone Health’s Triad market also boasts some big employers, and Toyota recently announced plans to invest nearly $8 billion and add nearly 3,000 jobs to a battery production plant.

Mae Douglas, chair of the Cone Health board of trustees, said the North Carolina system’s leadership weighed the prospect of joining Risant for more than a year.

“Through this agreement, we will continue to improve upon our long tradition of providing health and well-being to those we serve,” Douglas said in a statement.

Cone’s flagship hospital, Moses H. Cone Memorial Hospital in Greensboro is a teaching hospital with 628 beds. Alamance Regional Medical Center in Burlington has 238 beds, Wesley Long Hospital has 175 beds, and Annie Penn Hospital offers 110 acute care beds.

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Kaiser Foundation Hospitals, a division of Kaiser Permanente, is designating up to $5 billion “to support core Risant Health capabilities, technologies, tools, and future investments,” according to financial documents filed last year.

Geisinger, which operates 10 hospital campuses and 134 healthcare sites, has kept its identity since being acquired by Risant Health.

Ryu served as president and CEO of Geisinger Health for five years before becoming the first CEO of Risant Health. Geisinger named Terry Gilliland, MD, as its new president and CEO.



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NC Senate gives initial approval to bill affecting mail-in voting, AI and local elections

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NC Senate gives initial approval to bill affecting mail-in voting, AI and local elections


RALEIGH, N.C. (WNCN) – The state Senate gave initial approval to a bill Tuesday with significant changes to the state’s elections, as Democrats accused Republicans of a “blatant power grab” when it comes to local elections.

The bill has a variety of provisions that also affect mail-in voting and the use of artificial intelligence in political ads.

The passed its second reading on 26-18 party-line vote. It’ll require an additional vote before it goes to the House.  

The legislation aims to address the use of generative AI to deceive or mislead voters by requiring disclosure of the use of that technology in political advertisements. The proliferation of “deepfakes” and deceptive videos is a chief concern to state election officials.

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Karen Brinson Bell, executive director of the NC State Board of Elections, recently said she worries about someone using her voice to create false messaging about the date of the election or other key information.

“I don’t know that there’s any state law that can 100 percent address that, but we need to try. We need to try to figure out a way to keep this kind of deceptive information from affecting our elections,” said Ann Webb, policy director of Common Cause North Carolina

The disclosure would be required when an ad is created entirely or in part with generative AI and: depicts a real person doing something that didn’t actually happen; was created to injure a candidate or deceive voters regarding a ballot issue; or provides false or misleading information to a voter.

Webb said she thinks the provision also should apply to digital ads.

Failing to comply would be considered a misdemeanor. That part of the law would go into effect July 1. However, Sen. Warren Daniel (R-Burke) said conversations are still underway with Republicans in the House, so the General Assembly may not take final action on the legislation until next year.  

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Republicans also want to move forward with requiring the state conduct signature matching of mail-in ballots to try to verify people are who they say they are.

They previously authorized a 10-county pilot study, which still is not done. NC State Board of Elections spokesman Pat Gannon said Tuesday the agency has contracted with BizTech Solutions to work with the counties on the pilot.

The technology aims to match someone’s signature on their absentee ballot envelope with the signature on file with the state.

Sen. Daniel (R-Burke) said even though the results of that pilot are still not available, he still wants to move forward with implementation. It would not take effect until 2025, meaning the first use would occur in lower-turnout local elections that year.

“Rather than kind of wait on the bureaucratic churn of that process, we’re going to go ahead and authorize that to be done in 2025 and beyond,” he said. “Here we are this long in the future waiting on the data from the Board of Elections. Probably most of us thought this would be implemented for this election.”

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North Carolina already requires people to either have two witnesses attest that someone is indeed the person who filled out a mail-in ballot or a notary public.

Sen. Dan Blue (D-Wake) questioned the need for the additional verification. He asked, “And you’re letting a machine that’s unproven basically say that that notary lied?”

Democrats objected to another part of the bill that would give the General Assembly greater ability to determine how county and city leaders are elected.

“It is one of the more blatant power grabs that we’ve seen,” said Sen. Julie Mayfield (D-Buncombe), adding that she thinks Republicans are likely to target heavily Democratic communities to potentially redraw local districts.

Sen. Daniel said Democrats aren’t being consistent in their arguments for proportional representation.

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The bill now goes to the House. Senate leaders say they don’t plan to hold any more voting sessions after this week regardless of whether Republicans can reach a compromise on issues like changes to the state budget.



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BJ’s Wholesale Plans New Clubs In New Jersey, North Carolina

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BJ’s Wholesale Plans New Clubs In New Jersey, North Carolina


BJ’s Wholesale Club is expanding in New Jersey and North Carolina.

BJ’s Wholesale Club is expanding in the east with new stores in the works in New Jersey and North Carolina.

Slated to open in early 2025, the warehouse club will open its 25th club in New Jersey’s Hanover Township. Its 10th North Carolina store will be located in Southern Pines.

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“We are excited to deliver the unbeatable value our membership offers to even more families in New Jersey and North Carolina,” said Bill Werner, executive vice president of Strategy and Development at BJ’s Wholesale Club. “As we continue to expand our footprint along the East Coast and beyond, we look forward to helping more families save up to 25 percent off grocery store prices every day.”



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