NORTH CAROLINA: Dem Gov-Elect Wins Temporary Reprieve From GOP Law Stripping Some Of His Powers

The Associated Press reports:

A North Carolina judge is temporarily blocking a new Republican-backed law that strips the incoming Democratic governor of his control over election boards just before he takes office. Wake County Superior Court Judge Don Stephens ruled Friday that the risk to free and fair elections justified stopping the law from taking effect this weekend until it could be reviewed more closely. Stephens plans to review the law Thursday.

Gov.-elect. Roy Cooper sued on Friday to block the law, passed two weeks ago. It ends the control governors exert over statewide and county election boards. The lawsuit says the Republican-led General Assembly’s action is unconstitutional because it violates separation of powers by giving legislators too much control over how election laws are administered. Cooper takes office Sunday.

  • kaydenpat

    Republicans are awful and fascists. That law needs to be overruled.

    • joe ho

      Democrats lack political discipline and sit by and let it happen.

      Lots of Republicans detested Trump but voted for him. Self-righteous Democrats sat out the election or cast a protest vote.

      • crewman

        I very much agree with this. Democrats should have been yelling every single day that Obama’s Supreme Court pick got blocked. Democrats need to pick fights and see them through.

        • Michael Abbett

          Exactly. Not only do they steal voters by redistricting, they even managed to steal a supreme court appointment from one administration to the next. They have no integrity whatsoever.

          • fuow

            And, we Democrats let them do it. Constantly.
            From what I’m hearing at local party meetings, the basic plan going forward is to ‘cooperate where productive’.
            In other words, my party has yet to learn a single, fucking thing.

          • Ninja0980

            Yup, as always they roll over.
            Hell, I’ve seen more “progressives” go after Hillary a hell of a lot harder then they will indicate they’ll be doing with Trump.

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        • Ninja0980

          Indeed and when they were in control, they should have been more aggressive in filling empty seats.
          You can be sure that by the end of 2018, most of the 103 vacant seats will be filled.

      • Max_1

        Democrats are supine by nature… They tend to grant that benefit of the doubt that Republicans need to bowl over Democrats. This is why the old joke about Democrats lacking a spine to stand up to Republicans comes from…

      • Duh-David

        The projection works both ways: Republicans accuse everyone else of being cheats, and Democrats presume everyone wants to do the right thing.

        • joe ho

          A lot of Democrats didn’t presume that Hillary wanted to do the right thing. They preferred to signal their virtue and purity by not voting for her.

          • JK3

            I remember when Hillary was a corporate sellout for wanting a 12 dollar minimum wage as opposed to the 7.25 that many Republicans think is too high already and the 15 that would never pass a GOP house.

          • Ninja0980

            Yup, with Bernie leading the charge on that during the primary.
            Now that it’s over, he’s stated he is willing to work with Trump and thinks the 12 dollar standard he said made Hillary unfit to lead is A-Okay with him.

      • Tommy Marx

        I cannot agree more strongly with what you said.

      • Nowhereman

        Well, except for the 3 million more of us who voted for Clinton over Trump. Your reasons pale in comparison to what the GOPTP has done in the states since the last census. Democrats can win the popular vote and yet never get elected to office. So put the blame where it is due.

        • Michael Angelo III

          Sorry, but the blame is still on us. Hillary, an incredibly qualified, effective public servant, should have won by 10 million votes, not 3 million. She lost because Democrats abstained and not because Republicans voted. No candidate for the presidency, at least any legitimate one, has been so unabashedly deplorable and so clearly unprepared/inexperienced yet millions of Democrats saw little to no difference between him and Hillary. Sorry but this one is on us. The sooner we realize it, the sooner we can rebound from this mess.

          • In fairness, not all stayed home by choice. Hundreds of thousands were purged off of voter rolls for incredibly suspect reasons for simply having a common minority name that matched someone else’s name (but not birthdate, middle name, or social security number) in another state. This was well documented by Rolling Stone, among others. And hundreds of thousands could not get the proper ID in time despite Herculean efforts in some cases, also well documented by the Brennan Institute, if memory serves (one of those B former Supreme Court justices).

            Yes, WAY too many chose not to vote. But in Wisconsin alone, there were ten times more people denied the right to vote than the margin of victory, and Michigan and Pennsylvania, and possibly Florida, were the same.

        • fuow

          I won’t even bother with the ‘sorry, but’.
          You’re wrong. The data is clear: Too many of us stayed home whilst the mother-fucking christers voted for Trump.
          To be sure, gerrymandering is a big problem. The far greater problem, though – too many of us simply don’t vote.

          • Kim K’s Kute Koochy✓ᵛᵉʳᶦᶠᶦᵉᵈ

            I couldn’t fuckign hate the self-righteous freaks who “protested” Hillary enough. They basically committed suicide ingesting uranium then walking around to infect other people.
            However, the media is also to blame since they predicted such a strong win for Hillary, those opportunists third party & the “righteous” freaks didn’t think Tramp would get the WH. They just love some Hillary mishap to lord it over the rest “I told you she’s corrupt”

          • The media did as much to hand the election to Trump as the Russians did — probably more: they couldn’t be bothered to cover any Clinton story unless it was negative. And how many billions of dollars of free air time did Trump get?

          • Guest

            It was more that Trump stole the messages of the left, jobs. It is not that too many stayed home. It is that too many white men convinced their women to vote for Trump. It is that Trump hit back against trade agreements and the left acted like righty light, Hillary’s caution mode.

            These middle class people know these trade agreements suck and hurt them. They know Obama pushed for his. They knew that Hillary was for trans Pacific b fore she was against it. Yes, the voters were stupid but they are pissed that politicians in general sent jobs away. This is the biggest reason these states, the blue firewall fell.

            And Hillary’s people and her also take blame here. They were begged for help in PA and MI and WI. The director was busted in a lie. He said he never got those emails. And people proved it wrong with sharing his responses.

            And the Philly union leaders should be shot. That strike hurt too. That was not the time.

            And the Comey lie at the end hurt too.

            And let us be honest. The left dropped the ball for 30 plus years and have the right so many seats at school boards, city and county and state without even challenging seats. The right has deeper benches because of this.

            Also, in 2010, ty he right figured out where to spend money for federal House seats, 10k here, 25k there, just enough to run ads on TV and radio to flip seats. The left has never recovered. Yes the tea baggers were pissed and motivated, but the money spent was a key part. Some excellent articles are out there on this.

        • joe ho

          lol. You’re confused and in denial.

          1) The Republicans were able to do what they did in the states because Democrats sat out the 2010 election to punish Obama for not being progressive enough.

          2) Without NY and California, Trump won the popular vote. Exit polls reveal lower dem turnout in cities. And we know young liberals did not vote for her in the necessary numbers. Since we have an electoral college system, Dems cannot rely on those two bastions to win.

          From the Guardian:
          “Clinton significantly underperformed among under-40s, while Trump held steady relative to past Republican nominees. That young people weren’t defecting to her opponent but simply staying home suggests a lot of Sanders supporters couldn’t bring themselves to vote for her without their candidate on the ballot.
          “Many young progressives have chafed at the notion that they should support Clinton “just because” she’s a woman. Others were sufficiently put off by her ties to Wall Street or her interventionist foreign policy. She was cast as too centrist, merely the lesser of two evils, and the label stuck. It also wasn’t true.”
          From the Atlantic:
          “The “Obama coalition.” While Clinton’s campaign was focused on television advertising aimed at suburban swing voters, there were ample warning signs that African American and Millennial voters weren’t inspired by her candidacy. Polls and focus groups showed young people disliked both candidates; in interviews, black voters were unenthused. But Clinton’s campaign assumed they would show up for her simply because they were afraid of Trump.
          “Instead, many of them refused to fall in line. Eight percent of African American voters under 30 chose a third-party candidate, as did 5 percent of Latinos under 30, according to an analysis of the election results by the Democratic pollster Cornell Belcher. These “protest votes,” he argued, were enough to seal Clinton’s fate, even though this year’s electorate was just as diverse as 2012’s, and Trump did not do any better than Romney among young, minority voters.”
          http://www.theatlantic.com/pol

          • Nowhereman

            Yeah what was I thinking. Dirty tricks, gerrymandering, fake news, fake email investigation, Russian hacking, voter suppression–and STILL 3 effing million more of us voted for Clinton, and we STILL got Trump. Whatever, dude.

          • joe ho

            Too bad you still don’t get it.

            Democrats don’t vote in midterm elections. It’s been a problem for a long time. That’s how the GOP has taken control of all but 15 states in the last decade.

            The Electoral College system isn’t going away. Until Dems show up in sufficient numbers to offset GOP dirty tricks, they will lose.

            But if like you people don’t understand the real problem and Democrats accept responsibility for their losses, they will continue to lose.

      • Michael Angelo III

        If I could up-vote you a thousand times, I would. Democrats are spineless and, when it counts, often as self-righteous as the deplorable schmucks who voted Trump into office.

  • JWC

    McCory was just a miserable shit is that a definition of a republican

  • bkmn

    If Republicans pass it don’t be surprised when it fails the constitutionality test.

    • Till they get their special hand picked judges in place.

      • Nowhereman

        Yup–over 100 federal judgeships that the GOPTP congress refused to let Obama fill. Now Trump gets to do that. We are screwed.

        • clay

          The Courts ruled that Obama couldn’t make recess appointments when Congress is on vacation. What happens during those few days when there is no standing Congress?

          • lymis

            Not only that, but the Republicans fudged the rules so that they could make sure that there was never an official “recess” even when nobody was there doing anything.

            Now all they have to do, any time they want, is actually declare a recess and Trump can appoint anyone he wants. And he will.

          • The_Wretched

            The Obama admin does not fight hard for the judiciary and certainly not by finagling opportunities like that one.

          • Mike__in_Houston

            I read an article that I believe was in the NYDN that said that even though the Republicans have made sure there has not been a genuine recess in some time now, there has to be some sort of recess before the next legislative session starts. The article did not specify the length. It said that Obama could conceivably make those appointments during that recess although it was skeptical that he would actually do so.

            I hope the article is wrong. Obama surprised me by imposing sanctions on the Russians instead of adopting a more typical Democratic stance (“well, it won’t change anything”), so maybe he has some more surprises up his sleeve.

        • Thanks Perdue….

  • justmeeeee

    The North Carolina legislature will continue to manage to fuck over the entire state just to try to maintain a little pride, which is dificil when the whole country is laughing at you.

  • clay

    1) Why should the governor be stripped of elections controls when it was the legislature which was just found to have gerrymandered even more by race than by political affiliation and to have intentionally reduced poll access by race more than by party affiliation?

    2) Why would the governor enact a law that unconstitutionally limits the governor’s power to act?

    3) Between NC, MI, WI, & KS, SURELY there’s now enough for an actionable case to restore the Voting Rights Acts?

    • Mike_in_the_Tundra

      As to No. 3, I suspect that Trump’s attorney general will not do anything about it.

      • clay

        Then he’s on his way to becoming the defendant. Heard anything on Solicitor General picks?

  • lymis

    Given that SCOTUS has, in a number of cases, made it clear that legislative intent has a bearing on whether a law is legitimate and that the record of why a law was passed can be considered, it’s pretty obvious that the INTENT was, pure and simply, an attempt, not only to strip the governor of powers, but specifically to strip a DEMOCRATIC governor of powers to keep control not just in one branch of government, but in one political party.

    And since the legitimate way for the electorate to react to laws they don’t like is to elect a different set of officials, anything that specifically affects elections and voter eligibility has got to be viewed extremely skeptically.

    I hope it gets pitched out sooner rather than later.

  • GlennF

    Let’s hope Cooper sticks to his guns on this lawsuit and doesn’t give in by trying to compromise with the rethugs and getting rolled over like he did with hb2.

  • Ore Carmi

    What about the other new laws? Subjecting the N.C. Supreme Court justices to popular vote, stripping the governor of hundreds of appointments…

  • The people who elected the governor went in expecting him to have certain powers and chose him to exercise them. The legislature basically overturned the election by removing those powers. This should be overturned as a matter of electoral justice for the people of the state.