Sorry, but you can't have it both ways. Here's Reverend Mark H. Creech railing against Judge Hight for throwing out the NC lottery lawsuit brought by (former) Justice Orr and the NC Institute for Constitutional Law:
It's a considerable disappointment Judge Hight failed to stop the injustice perpetrated by the way in which the lottery garnered passage. The judge states a number of findings in his ruling, but fails to give any rationale for his decision that the lottery was passed constitutionally.
Here's what Creech won't tell you: the decision he desired would go against the authoritative weight of judicial precedent on the matter. After the lawsuit was filed, I hit Westlaw and read the cases that had interpreted the section of the NC constitution that Orr's complaint was based on. The opinions are not unanimous, but the NC courts have been generally unwilling over the years to find that various kinds of state actions constitute taxes. The balance was tilted so strongly against finding a tax in this case that I chalked the NCICL case up as a PR or stalling tactic and assumed it wouldn't go anywhere.