Submitted by usernamehere on Thu, 03/06/2014 - 4:49pm
Common-sense North Carolinians of all parties should be paying attention to the May 2014 primary race for one of the seats on the NC Supreme Court.
NC's most astute sitting Supreme Court member, Justice Robin Hudson, is being challenged by two corporatist opponents. One of those challengers is an Art Pope minion who serves at one of the Pope entities. Corporatists are trying to squeeze Justice Hudson out in the May primary.
Justice Hudson's rejection of her regressive colleagues' was affirmed by the US Supreme Court (even by Justice Alito!!!) last year in Wos. V. E.M.A.
What's been clearly affirmed is that the lawmakers are hostile to the pre-K program and would rather not have one that serves all those who need it. The court offered them no such choice.
The earlier rulings regarding a sound, basic education and the right to pre-kindergarten schooling, it warned, "remain in full force and effect." As for the revisions that moved the lawmakers off the tracks, the court went out of its way to say, "We express no opinion on the legislation now in effect because questions of its constitutionality are not before us."
Meaning Republicans can continue to nibble away at pre-school funding while placing subjective requirements on children and families who want to enroll. If not doing your job is considered a "victory" for the GOP, then they've got one.
Submitted by scharrison on Sat, 09/21/2013 - 9:41am
If you're a victim of fraud or other deceptive practices, it must be your own fault:
A critical finding in the majority opinion, written by Justice Paul Newby, was the determination that consumers must show that misrepresentations by the bank were a factor in their decision to enter into the loans, which in legal parlance is known as reliance. That was the legal argument put forth by Community Bank. The bank contended that the consumers took out the second mortgages based on the total package – the fees and the interest rates – and not “because they believed they were receiving discounted loans,” the court noted.
The court also overturned the claim of excessive fees, reasoning that “in most cases, there is nothing unfair or deceptive about freely entering a transaction on the open market.”
This is what happens when you put an ideologue like Newby in such an important position: he disregards precedence and good common sense, and makes a ruling based on his faith in an unproven economic theory. The fairy tale goes like this: if a business or individual continues to operate dishonestly, eventually customers will stop buying their product. Ergo, the government doesn't need to get involved. And there's no such thing as a "victim" in this formula, they are "participants" in a transaction who didn't pay close enough attention or ask the right questions. That's not justice, it's called negligence.
The North Carolina Supreme Court has agreed to determine whether the state can deny at-risk children access to public pre-kindergarten programs. The state Court of Appeals unanimously upheld Manning's ruling last August, saying that state can't erect artificial barriers to N.C. Pre-K. State lawmakers appealed the ruling, and the Supreme Court allowed the petition for discretionary review.
What probably won't be discussed by this august body is how the Republican-led General Assembly is actively pushing tens of thousands of North Carolina families into (or deeper into) poverty, vastly increasing the number of our children at risk. But what is pertinent to this case is how the petition filed by Roy Cooper is fundamentally flawed:
The North Carolina Supreme Court sided Friday with legislative leaders who withheld emails and other documents between them and state-funded private attorneys about redistricting maps approved in 2011, ruling that those documents can be confidential. Rep. David Lewis, R-Harnett, who was chairman of the House Redistricting Committee when the maps were drawn, praised the ruling Friday. "It's very important for individuals to have the common-law right afforded to them of being able to have confidential communications with their attorneys," he said.
Pay attention, Einstein: as a taxpayer, I paid those attorneys, making me the client, and I want to see those damn e-mails. By withholding those e-mails from me and my fellow taxpayers, you're not only concealing your apparently questionable behavior, you're also violating our attorney-client privileges.
Submitted by scharrison on Mon, 12/24/2012 - 4:04pm
First, a few words from Justice Paul Newby's sponsor:
Whereas candidates and their committees can accept only $5,000 from individual donors in an election year12 and cannot receive moneys from corporations, unions, or associations, super PACs can accept money from any type of donor (corporation, union, or private individual) without any limit on the amount donated and can spend that money without limit to promote the election or defeat of specific candidates.
That's excerpted from a Federalist Society's white paper, in which the author expends much effort trying to convince the reader that huge campaign expenditures by super PACs are actually a good thing, since it helps educate us idiots better:
Republicans are whining again that mean old Governor Perdue is planning an appointment to fill the recently vacated seat on the North Carolina Supreme Court ... gasp ... instead of handing the task over to His Magnificent Presence. She should move ahead with her plans no matter what.
Timmons-Goodson announced her resignation last week, and Perdue has expressed an intention to fill the seat before Republican Gov.-elect Pat McCrory takes office in January.
That would probably require Perdue to dispense with the 18-member commission for nominating judges. Perdue’s own executive order calls for the governor to choose from among three candidates nominated by that commission. People close to the nominating process say it would probably take longer than the four weeks remaining until McCrory’s inauguration.
The obvious choice is Sam Ervin, who would have won the election in November if Pope hadn't intervened. If Ervin isn't interested, an equally powerful choice would be North Carolina's progressive hero, Gene Nichol. In either case, we don't need a nominating committee or a long, drawn out process. We need an appointment, not a bunch of drama, and we need it now.
N.C. Supreme Court Justice Patricia A. Timmons-Goodson will resign her seat on the state’s highest court, The News & Observer has learned. Timmons-Goodson is the first African-American woman to sit on the court. She was appointed by former Gov. Mike Easley in early 2006 and then won election that November with 58 percent of the vote. Her eight-year term was to run through 2014.
To give you an idea of what we'll be missing, here's an excerpt from a dissent she wrote defending the rights of a maliciously abused employee:
Rogers repeatedly assured investors he expects N.C. Utilities Commission members to treat Duke fairly in rate cases and other issues despite current anger over Duke's surprise decision to oust Bill Johnson as CEO. And he said if Duke cannot get proper regulator treatment, “we might not be headquartered in North Carolina in the near future.”
"Fair treatment" is a subjective and relative activity, Jimbo. When a convicted felon is released from prison, his activities are both limited and monitored. By the same token, when a businessman takes a step that calls his integrity into question, he should expect closer scrutiny in the future. It may not seem fair, but it is.
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