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The North Carolina Supreme Court has thrown SCOTUS a lifeline

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The North Carolina Supreme Court has thrown SCOTUS a lifeline


The North Carolina Supreme Court docket (NCSC) has thrown a face-saving lifeline to the USA Supreme Court docket (SCOTUS) in Moore v. Harper, a case that poses substantial peril for the upper court docket’s legitimacy. NCSC lately introduced it might rehear a call that was argued earlier than SCOTUS in December. The choice will nearly actually be reversed by NCSC, rendering the case moot. SCOTUS ought to seize the lifeline and dismiss the attraction, saying its overview of the case was improvidently granted, thereby saving itself nice embarrassment in a number of respects.

The attraction resulted from NCSC’s choice that an excessive gerrymander by the state legislature violated the state’s structure. The legislature sought SCOTUS overview, claiming that the choice violated the “unbiased state legislature idea” (ISLT) — a preposterous competition that state legislatures, appearing alone, with out government approval or judicial oversight, have the facility to ascertain federal congressional districts. Critical constitutional students had been stunned that at the least 4 members of SCOTUS voted to listen to the attraction as a result of ISLT has been completely discredited. The case was utterly undeserving of SCOTUS overview. The one conceivable cause for the excessive court docket to take the case could be to permit GOP-controlled state legislatures to gerrymander to their coronary heart’s content material with out interference by their excessive courts.

After SCOTUS determined to take the case, a number of developments arose that needs to be of concern to the GOP majority. First, the Convention of Chief Justices, representing the excessive courts of each U.S. state and territory, filed a good friend of the court docket temporary debunking ISLT as violating the elemental constitutional ideas of federalism and separation of powers. As a former member of that distinguished group, I can inform you that its intervention on this case is extraordinarily uncommon and needed to be an eye-opener for the justices.

Secondly, the 2022 midterm elections demonstrated that the ISLT door can swing each methods, one thing that had most likely not occurred to the GOP majority. Had the acute gerrymander devised by the Democrat-controlled New York Legislature not been swatted down by that state’s courts, the GOP may not now have its majority within the U.S. Home.

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If SCOTUS had been to undertake the speculation, one might anticipate that blue state legislatures would undertake excessive gerrymanders, posing  nice hazard to the GOP within the subsequent spherical of redistricting, as younger progressive voters proceed to swell state voting rolls.

Moreover, oral argument of the case on the anniversary of Pearl Harbor Day couldn’t have been comforting to the hard-right justices. Chief Justice Roberts pointed to a 1932 case that appeared to negate the speculation, and Justice Barrett seemed to be skeptical. It didn’t appear anybody was in a position to articulate an method that would garner majority assist. Fairly frankly, any choice granting any type of reduction to the North Carolina legislature would make SCOTUS look overtly political and legally incompetent.

Compounding these difficulties is the plain proven fact that Justice Thomas will deliver disrepute upon your entire court docket if he stays on the case and participates in a call. The issue isn’t a lot with the present dispute over congressional redistricting, however with the higher-stakes hazard that adoption of ISLT would pose for the integrity of the following presidential election.

If SCOTUS had been to approve the speculation, it might give sturdy assist to the scheme that Thomas’s former clerk John Eastman hatched to alter the end result of the 2020 presidential election. Eastman claimed that state legislatures, appearing alone, can current alternate elector slates in a presidential election, whatever the fashionable vote. Eastman corresponded with Thomas’s spouse, Ginni, in regards to the scheme and she or he, in flip, vigorously pursued it. Eastman even professed to have inside details about a “heated battle” amongst SCOTUS justices because the scheme unfolded. This documented and publicly out there data reeks of impropriety.

Thomas ought to instantly withdraw from the case due to his obvious battle of curiosity. It’s inconceivable that he would take part in a case that would give legs in 2024 to the scheme that his spouse and former clerk superior to commandeer the 2020 election. SCOTUS is coming below growing stress to undertake a code of conduct, which would come with requirements for recusal. Thomas’s participation in any remaining choice of the Moore case would have a devastating affect on the excessive court docket’s legitimacy.

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So, alongside comes the NCSC with a useful lifeline that would rescue SCOTUS from the morass. North Carolina is a type of unlucky states that elects partisan Supreme Court docket justices. Moore was appropriately determined by a Democratic majority, however a Republican majority was elected final November. In an exceedingly uncommon transfer, the brand new court docket ordered a rehearing of the choice, though the attraction remains to be pending earlier than SCOTUS.

The one sensible solution to learn this growth is that the brand new NCSC intends to search out the legislature’s redistricting plan to be lawful. We gained’t know for sure till the court docket guidelines later this yr, however all of the sensible cash anticipates reversal, which might moot the Moore attraction. This provides the SCOTUS majority a possibility to drop the attraction and keep away from having to discover a solution to write a coherent opinion in a very meritless case. The justices would additionally save the embarrassment of Thomas’s refusal to recuse. SCOTUS might both ship the case again, saying that overview had been improvidently granted, or put the case on maintain awaiting NCSC’s dedication on rehearing.

Jim Jones is a Vietnam fight veteran who served eight years as Idaho lawyer basic (1983-1991) and 12 years as a justice on the Idaho Supreme Court docket (2005-2017). He’s a daily contributor to The Hill.



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North Carolina

Legislator’s Corner: Our office and our district have been very busy! | Robesonian

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Legislator’s Corner: Our office and our district have been very busy! | Robesonian


Summer camps at Robeson Community College

From July 8 to July 12, Robeson Community College, in partnership with the Lumbee Tribe of North Carolina, will be offering Project IndigeCHOICE Camp for American Indian students across Robeson, Scotland, Cumberland, and Hoke counties.

Project IndigeCHOICE will have a wide range of activities for campers to participate in, such as Video Gaming, Wildlife Conservation, STEM projects, and so on. Additionally, this is a free camp funded through a grant from the Department of Education. If you or your child are interested, call 910-272-3700.

Happenings in the General Assembly

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The Senate is currently working on passing legislation that would tightly regulate nicotine and hemp-derived products, making them safer for all users, but especially our children. To learn more, or to read the bills, go to: https://www.ncleg.gov/BillLookup/2023/H563; or https://www.ncleg.gov/BillLookUp/2023/H900

Veto Override

This week, Republicans in the Senate overrode three of Gov. Roy Cooper’s vetoes. The General Assembly has officially, and successfully, overridden all 22 of Gov. Cooper’s vetoes this biennium.

On the override of House Bill 237, Sen. Britt said, “There are thugs on the streets who wear masks so they can get away with harassing, and sometimes attacking, the public and police. The governor sought to continue encouraging this behavior with his veto of House Bill 237, but the legislature was never going to let that happen.”

Another important bill that modifies Juvenile Justice procedures, which also received a veto from Gov. Cooper, was recently overridden as well. The primary goal of this bill is to have individuals between the ages of 13 and 15 who have committed a Class A felony, and individuals who are 16 or 17 and committed a Class F or G felony, automatically transferred to superior court upon finding probable cause of such crime occurring. For more information about this bill, go to: https://www.ncleg.gov/BillLookUp/2023/h%20834v

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Additionally, the Senate recently passed a bill that will make changes to certain Constitutional amendments. Notably, the bill aims to require valid photo identification for ALL people voting, not just those going in-person, cap the personal and corporate income tax rate at 5% rather than the current 7%, and to ensure that only those who are citizens and satisfy all other qualifications are able to vote in elections. This bill will now go back to the House for a final vote. To read more about this bill, go to: https://www.ncleg.gov/BillLookup/2023/S630 .

Senate Bill 630: Various Constitutional Amendments

As always, we appreciate your continued support and look forward to what’s to come! Please don’t hesitate to contact our office if you have any questions or concerns.

Sen. Danny Earl Britt Jr., Dist. 24 (Hoke, Robeson, Scotland), 300 N. Salisbury St., Room. 525, Raleigh, NC 27603, 919-733-5651.

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PHOTOS: Shark, baby alligator caught on camera near NC island pier

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PHOTOS: Shark, baby alligator caught on camera near NC island pier


OAK ISLAND, N.C. (WNCN) — Just as summer begins, some interesting sights in the surf were spotted recently at a North Carolina island south of Wilmington.

Oak Island in Brunswick County is nearly 20 square miles and features all kinds of wildlife.

As the Atlantic Ocean warms up along Oak Island’s 10 miles of beachfront, a shark was accidentally caught in the surf just last week and released.

The shark at Oak Island. Photo courtesy: Mary Frances Rodriguez

Sharks are common sights around the 12-mile long island, where at least one charter operates taking folks out on the ocean to try to catch sharks.

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Last Saturday, a fisherman accidentally hooked an 8-foot lemon shark, a species that is not normally aggressive toward humans.

Photo courtesy: Mary Frances Rodriguez

The shark was caught as the June Strawberry moon could be seen over the fishing pier. After catching the shark in the surf, the fisherman struggled a bit to unhook the fish — finally letting it go.

And around Memorial Day, a rare alligator was caught on video at the same Oak Island pier. The gator — a baby — was spotted in clear shallow water.

Photo courtesy: Mary Frances Rodriguez

Mary Frances Barnes Rodriguez caught the video of the gator swimming and floating along the waves.

Oak Island has warned about sharks in the past — and uses a purple flag on beaches to let beachgoers know about possible threats from sea creatures.

So far, on the North Carolina coast, a 14-year-old boy was bitten by a shark last weekend in North Topsail Beach, north of Wilmington in Onslow County.

The baby gator at Oak Island. Photo courtesy: Mary Frances Rodriguez

Five days before the teen was bitten, there was an initial report of a “shark bite” at Sunset Beach in Brunswick County, near the South Carolina line, according to WWAY-TV. Police at the island later said a man was taken to a nearby hospital for treatment after he was bitten by a sea creature, but officials could not confirm it was a shark.

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Washington Spirit face monumental challenge against North Carolina Courage

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Washington Spirit face monumental challenge against North Carolina Courage


If you like excitement, get ready because the Washington Spirit are about to face a fiery test against the North Carolina Courage. At Audi Field this Saturday, during Pride Night, the league leaders will square off against one of the most resilient and defensively solid teams in the NWSL.

The Washington Spirit, with their ten wins, are making NWSL history. They became only the third team in league history to win ten of their first fourteen regular season matches, a feat only Seattle and the North Carolina Courage themselves have managed before. Coming off a physical and decisive win against Gotham FC, the Spirit are fired up and confident. Courtney Brown and Croix Bethune were outstanding in the last match, with Bethune collecting her ninth assist of the season, a milestone that puts her among the best in league history.

Follow MLS Multiplex on X (Twitter).

On the other hand, the Courage, despite an uneven start, have been recovering with an iron defense and an attack that has finally found its rhythm. They are coming off an impressive win against the Chicago Red Stars, where three different players scored. This result is a sign that the Courage are not messing around and can surprise any opponent.

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The Spirit know it won’t be easy. The Courage have dominated possession this season, leading the league with 58% possession and over 5,800 passes completed. That means the Spirit need to be surgical in the opportunities they get. And speaking of opportunities, the Spirit attack is one of the most lethal in the league. With Trinity Rodman, Ouleymata Sarr and Croix Bethune leading the charge, the Spirit have an offensive line that can pick apart any defense.

This clash also marks the return of Ashley Sanchez to Audi Field. Sanchez was traded at the beginning of the year, and her performance has been solid with two goals and three assists this season. Will she put on a show against her former team? It’s the kind of storyline that makes this sport so exciting.

What’s more, the Spirit’s unbeaten run in their last six matches adds an extra layer of pressure. They know that a stumble could cost them dearly in the title race. On the other hand, the Courage are still looking for their first away win this season, and toppling the leaders would make a powerful statement.

And if you think Spirit will settle for the lead, think again. This team has shown an insatiable hunger for victories, and Pride Night is the perfect setting for yet another spectacle. With the fans on their side and extra motivation, Spirit are determined to maintain their position at the top.

The team needs to be alert and take advantage of every opportunity, while the Courage are looking to keep possession and exploit any gaps in the defense. The question remains: who will emerge victorious? No matter the result, one thing is certain – high-quality soccer and lots of excitement are guaranteed. Let’s follow along and hope for a great spectacle!

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