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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNorth Carolina republicans quickly pass a law to Throw State Supreme Court Race to a Republican
North Carolina Republicans Pass Yet Another Law to Throw State Supreme Court Race to a Republican
How far are North Carolina Republicans willing to go to throw an upcoming state Supreme Court election? The GOP-dominated legislature has already altered state law in an effort to protect the incumbent Republican justice and thwart her Democratic challenger. But on Tuesday, the party took even more drastic action to prevent a Democratic victory: It rushed to pass a bill during a special session that will retroactively strip a judicial candidate of his party affiliation. The move is plainly designed to shield the incumbent from Republican competition that could split the GOP vote. Tuesdays bill isnt just another legislative coupits a blatant effort by the Legislature to crush separation of powers and shatter judicial independence in the state once and for all.
The saga of the North Carolina Supreme Court goes back to the 2016 election, in which Democrat Michael R. Morgan trounced a Republican incumbent, giving the court a 43 liberal majority. Many GOP legislators concluded that Morgan only won because he was listed first on the ballot, without any party affiliation. So, in advance of the 2018 electionin which another GOP incumbent, Barbara Jackson, is up for electionRepublicans changed the rules. They added explicit partisan affiliation to state Supreme Court races, and ensured that the Democratic candidate, Anita Earls, would be listed last. Most importantly, the Legislature abolished judicial primarieshoping that multiple Democrats would compete against each other in the general election, thereby splitting the progressive vote, while no Republican would dare challenge Jackson.
Their plan didnt work. Instead, Earls, a civil rights attorney, drew no Democratic challengers. Jackson, though, drew a GOP competitor: Chris Anglin, a Raleigh attorney who was actually a registered Democrat until he filed for the race as a Republican. Anglins motivations are unclear; he describes himself as a constitutional Republican running to stand up for the independence of the judiciary. He has also declared that he is running in protest of the North Carolina GOPs assault on the judiciary as a coequal branch of government. Regardless of his intent, Anglin had every right to run as a Republican in the general election when he filed in June.
Republican legislators quickly realized that Anglins candidacy effectively foiled their plans to safeguard Jacksons seat. So, on Tuesdayin the midst of a special session called to deceive voters about six radical GOP ballot measuresthe Legislature took aim at Anglin. In just hours, Republicans drafted, introduced, and passed SB 3, which prohibits Supreme Court candidates from running with a party affiliation unless they were registered with that party at least 90 days before filing.
https://slate.com/news-and-politics/2018/07/north-carolina-republicans-pass-bill-to-strip-state-supreme-court-candidate-chris-anglin-of-his-gop-affiliation.html
jaysunb
(11,856 posts)dansolo
(5,376 posts)Unconstitutional.
But they plan to do it regardless.
Celerity
(43,589 posts)https://www.ncleg.net/Laws/Constitution/article1.html
Sec. 16. Ex post facto laws.
Retrospective laws, punishing acts committed before the existence of such laws and by them only declared criminal, are oppressive, unjust, and incompatible with liberty, and therefore no ex post facto law shall be enacted. No law taxing retrospectively sales, purchases, or other acts previously done shall be enacted.