News

The N.C. Supreme Court denied an emergency motion filed last week by attorneys on behalf of Speaker Thom Tillis, Senate leader Phil Berger and parents to allow taxpayer-funded school vouchers, ruled unconstitutional by a Superior Court judge last month, to be disbursed to private schools immediately while the fate of the program is decided. 

The defendant-intervenors pushing to get school voucher funds out the door filed their motion with the Supreme Court before a written order had been issued by Superior Court Judge Robert H. Hobgood, going against the usual order of business.

The Supreme Court decided to punt the case back to the Court of Appeals today, and because a written order was finally issued by Judge Hobgood late last week, defenders of the school voucher program can once again pursue a temporary stay of his unconstitutional ruling in the lower court, following the normal process.

The Supreme Court’s latest ruling means that those hoping to get school vouchers out to private schools immediately while the final merits of the case are decided now face a potentially weeks-long delay, and it’s unclear how students who have enrolled at private schools with the understanding they would have $4,200 taxpayer-funded vouchers to pay toward their tuition will be affected.

Read the Supreme Court’s ruling below. And for more background on the school voucher legal battle, click here.

The State of Working North Carolina

Each year on Labor Day our State of Working North Carolina report details the economic conditions and trends that face North Carolina’s workers.  This year, in addition to focusing on these conditions and trends today, we also delved deeper how the current lack of jobs and the growth of low-wage jobs will impact the state’s economic future, particularly given demographic trends in the state.

This week’s Prosperity Watch takes a look in particular at the resiliency in the African-American labor force in the context of a shrinking of the state’s labor force and a significant number of North Carolinians who remain missing from the labor force.  Both trends are primarily driven by the lack of jobs and together are holding back the state’s full recovery.  Within these broader trends, however, and despite higher unemployment rates, African-American workers have remained in the labor force at a greater rate than other workers.  From Prosperity Watch:

In the face of high unemployment and labor market outcomes that are pushing African-Americans in particular further behind, an interesting trend has emerged.  In the nation as whole and North Carolina, African-American workers have demonstrated resiliency in their connection to the labor force. The unemployment rate for African-Americans remains much higher relative to whites, growing by 4.6 percentage points from 2007 to 2013 compared to a 2.7 percentage point change over the same period for whites. And yet, African-Americans have been much less likely to leave the labor force altogether despite weak job prospects.  The labor force participation rate changed from 2007 to 2013 for African-Americans by 2.6 percentage points while dropping far more for whites by 4.2 percentage points.

The labor force resiliency of African-American workers is contributing to the persistent difference in unemployment rates between African-Americans and whites.  But on the positive side, when jobs return, it could also position African-American workers for faster re-employment.

Uncategorized

NCSupremeCourt

After more than 20 years on the state Supreme Court, Chief Justice Sarah Parker stepped down on Saturday, having reached the mandatory retirement age of 72 in August.

Her picture has already been removed from the court’s website, with one of the newly-appointed temporary chief, Justice Mark Martin, taking its place.

Her legacy drew praise from colleagues and contemporaries alike.

“Sarah is a quintessential professional,” former justice Bob Orr said in this post. “She has a sense of the history and tradition of the court as well as the system. She’s been a good chief justice in difficult times.”

Parker was mindful of those difficult times, especially near the end of her tenure, as the court itself became increasingly politicized and the state’s judicial system struggled under the weight of draconian budget cuts. She drew attention to both of those problems in her remarks to the state bar association this summer.

With her departure the court has just six justices serving — at least for this week.  Next week, Court of Appeals Judge Bob Hunter, Jr. will temporarily fill the spot vacated by Justice Martin.

Six is a tough number for parties awaiting a decision from the state’s highest court. If the justices are split three to three on an issue, then no decision follows. Rather, the decision of the court below stands.

And while the interim ascension of Judge Hunter will make seven, for all practical purposes nothing will change, as he’ll have to recuse himself from ruling in cases on which he sat in the Court of Appeals or in which he hasn’t participated while on the Supreme Court.

That includes the 15 or so cases argued this past year for which a decision is still pending.

And among those are some of the weightiest and most controversial issues facing the court this term: redistricting and the Racial Justice Act.

In those cases, with this composition on the court, it’s at least possible that with six, you get nothing.

News

North Carolina news media haven’t reported much about an arrest by Charlotte police that took place late yesterday during the Moral Monday/#TalkUnion Labor Day rally that took place in the city’s Marshall Park.

Think Progress, however, has quite a few details plus video in this story: “Police Arrest Young Black Politician for Distributing Voting Rights Leaflets.” According to the story:

The stars of North Carolina’s Moral Mondays movement took the stage on Labor Day at Charlotte’s Marshall Park to condemn the state’s record on voter suppression and racial profiling, and urge the community to organize and turn out at the polls this November. Just a few hundred feet away, police cuffed and arrested local LGBT activist and former State Senate candidate Ty Turner as he was putting voting rights information on parked cars.

“They said they would charge me for distributing literature,” Turner told ThinkProgress when he was released a few hours later. “I asked [the policeman] for the ordinance number [being violated], because they can’t put handcuffs on you if they cannot tell you why they’re detaining you. I said, ‘Show me where it’s illegal to do this.’ But he would not do it. The officer got mad and grabbed me. Then he told me that I was resisting arrest!”

You can watch a video of the affair and read more about the ultimately successful efforts of Rev. William Barber and other NAACP officials to secure Turner’s release by clicking here.

News

As reported in the Durham Herald Sun and The Washington Post, the Durham school board voted last week not to keep its relationship with Teach for America (TFA) beyond the 2015-16 school year, allowing the school system’s current TFA teachers to finish out their contracts.

According to the Durham Herald Sun:

Among concerns voiced by school board members who voted not to pursue any new relationships with TFA is the program’s use of inexperienced teachers in high-needs schools.

“It feels like despite the best intention and the efforts, this has potential to do harm to some of our neediest students,” said school board member Natalie Beyer, who voted against the school district’s contract with TFA three years ago.

Others said they were concerned that TFA teachers only make a two-year commitment.

“I have a problem with the two years and gone, using it like community service as someone said,” said school board member Mike Lee.

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