North Carolina

  • October 9, 2014

    by Caroline Cox

    Lyle Denniston reports for SCOTUSblog on the Supreme Court’s decision to allow North Carolina voting limits.

    Nina Totenberg of NPR writes about oral arguments for Integrity Staffing Solutions v. Busk, a case that questions whether workers should be paid for time spent in mandatory security screenings.

    In The New Republic, Danny Vinik also looks at Integrity Staffing Solutions and considers why the White House seems to have sided against workers in the case.

    Tony Mauro explains in USA Today why the Supreme Court declined to hear any same-sex marriage cases.

    In the Constitutional Law Prof Blog, Steven D. Schwinn writes about the Supreme Court’s decision to stay the preliminary injunction in the North Carolina voting rights case.  

  • October 2, 2014
    Guest Post

    by Kareem U. Crayton, associate professor of law, the University of North Carolina School of Law

    Voting has been described by the Supreme Court as “preservative of other basic civil and political rights.” So when law and policy leave voting insecure, the core project of governance itself faces grave risk. 

    During oral arguments preceding the June 2013 decision to invalidate a key feature of the Voting Rights Act in Shelby County v. Holder, Justice Anthony Kennedy dismissed concerns that voting would become less secure for racial minorities. Even absent Section 5’s preclearance oversight for states with egregious histories of discrimination, Kennedy asserted, Section 2 of the law would allow citizens to use traditional litigation to block discriminatory laws. A year into the post-Shelby County era, we have initial evidence of how this litigation has fared in practice.

    One test of Section 2 is playing out in North Carolina, where this week the 4th Circuit Court of Appeals ruled in favor of the North Carolina NAACP and allied groups in their challenge of a state law that is widely recognized as the nation’s most restrictive. The Court’s decision ordered a preliminary injunction for two provisions of the law – the elimination of same-day registration, and the prohibition of out-of-precinct ballots from being counted. The decision means that these rules will not apply in the November election, contrary to an earlier decision by a U.S. District Court to deny this preliminary injunction. A full trial regarding the merits of the law will go to court next July.

    According to the 4th Circuit, “The district court got the law plainly wrong in several crucial respects" in assessing whether North Carolina’s measure, known as H.B. 589, was likely in violation of Section 2. They continued, "When the applicable law is properly understood and applied to the facts as the district court portrayed them, it becomes clear that the district court abused its discretion in denying plaintiffs a preliminary injunction and not preventing certain provisions of House Bill 589 from taking effect while the parties fight over the bill's legality."

    North Carolina’s H.B. 589 enacts multiple changes to the state’s election system. It eliminates same-day voter registration, prohibits out-of-precinct ballots from being counted, shortens the early voting period by a week, eliminates a successful pre-registration program for 16- and 17-year-olds, prohibits counties from extending Election Day poll hours to account extraordinary circumstances (such as long lines), permits poll observers to challenge voters, and implements a strict photo ID requirement.

  • October 2, 2014

    by Caroline Cox

    Ari Berman explains in The Nation the recent voting rights victory in North Carolina.

    In The New York Times, Linda Greenhouse looks at the next nine years for the Roberts’ Court in light of the beginning of Chief Justice John G. Roberts Jr.’s tenth Supreme Court term next Monday.

    Chris Conover reports for Forbes that the Supreme Court is poised to consider the Affordable Care Act once again.

    Marci Hamilton provides a preview for Hamilton and Griffin on Rights of Holt v. Hobbs, an upcoming Supreme Court case on whether prison rules placed a substantial burden on a Muslim prisoner’s free exercise of religion.

    In USA Today, Richard Wolf reports that the Supreme Court has delayed action on same-sex marriage. 

  • April 29, 2013

    by Jeremy Leaming

    North Carolina, which last year voted to amend its constitution to ban same-sex marriages even though it already had a law doing that, is now on the verge on enacting one of the nation’s more onerous voter ID laws. 

    Late last week the N.C. House easily approved the so-called Voter Information Verification Act that would require people to present government-issued voter photo IDs before casting ballots. It is expected to pass the Senate and the State’s Republican Governor Pat McCrory has signaled he’ll sign it into law. Brentin Mock reporting for ColorLines noted that last week’s vote in the lower chamber drew throngs of N.C. university students to protest the new law.  The measure would make it arduous for the state’s colleges and university students to engage in democracy. And other measures being considered, as Mock reports, are also aimed at making voting burdensome, such as limiting early voting and prohibiting all early voting on Sundays.

    The Brennan Center’s Lucy Zhou in an April 25 post about the ongoing state efforts to place more burdens on voting described N.C. as a “hotbed of restrictive voting bills” and listed the array of measures the state is moving to implement. Zhou notes that North Carolina lawmakers are striving to undercut the state constitutional rights of students to vote at their college addresses, by penalizing parents. If students register to vote under a different address, like their university address, parents will be barred from “listing their children as dependents on state tax forms ….”

    State Rep. Thom Tillis (R-Mecklenburg) in a column for The Charlotte Observer called the photo ID bill “common-sense” and likened it to showing a photo ID to board an airplane. The problem with this type of argument is that it misses a fairly significant point. Voting is integral to democracy and indeed is protected in numerous places in the U.S. Constitution. But what about air travel and purchasing cocktails or even certain kinds of decongestants, which also require identification. Those actions may be vital to the pursuit of happiness, but not all are constitutionally protected rights, and certainly not as integral to democracy as voting.

    Tillis claims “fringe elements have relied on heated rhetoric to frame this issue ….”

    There is, however, nothing radical, over-the-top, or wild-eyed about noting the fact that North Carolina lawmakers are not able to point to any in-person voter fraud that has occurred in their state. Instead it is Tillis and his cohorts who are misinforming the public by claiming the integrity of the vote needs to be protected, while offering not a shred of evidence as to when that integrity was compromised.

  • April 4, 2013

    by Jeremy Leaming

    Apparently a bit of sanity has surfaced in the North Carolina legislature where a couple of lawmakers introduced a resolution declaring the state could establish an official religion. The Charlotte Observer reports that House Speaker Thom Tillis is saying the chamber will not vote on the resolution.

    In this case Joint Resolution 494, which in part declared that the First Amendment does not apply to the states, showcases a couple of lawmakers who are either woefully ignorant of the U.S Constitution and First Amendment jurisprudence or are blatantly provocative.

    First, as has been pointed out by a lot people like law school professors, much of the Bill of Rights do apply to the states. Starting in the 1920s federal courts ruled that the Constitution's 14th Amendment applies most of the Bill of Rights to the states. 

    Nevertheless, the lawmakers’ resolution states that the First Amendment’s Establishment Clause, which provides for a separation of religion and government, “does not apply to the states, municipalities, or schools.” The resolution also includes sections declaring the Constitution “does not prohibit states or their subsidiaries from making laws respecting an establishment of religion,” and that the N.C. legislature “does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.”

    Although the resolution does not specify what religion N.C. would officially recognize, it undoubtedly would be Christianity. The lawmakers pushing the resolution said they were doing so in part to provide a show of support to Rowan County Commissioners who are waging a legal battle to keep using Christian prayers at their public meetings. (The Supreme Court has ruled that if lawmakers feel the need to use prayer during official business, it should be nonsectarian, otherwise they leave themselves open to a First Amendment challenge. The ACLU has lodged a lawsuit against the county commission arguing that its prayer policy violates the separation of government and religion.)