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BREAKING: Divided state Supreme Court affirms decision striking down judicial retention elections

Just in from the North Carolina Supreme Court in the case challenging the judicial retention scheme cooked up by the General Assembly and Governor McCrory:

Opinion of the Court

Justice EDMUNDS took no part in the consideration or decision of this case.The remaining members of the Court are equally divided, with three members votingto affirm and three members voting to reverse the judgment of the three-judge panel of the Superior Court, Wake County. Accordingly, the judgment of the three-judge panel of the Superior Court, Wake County is left undisturbed and stands without precedential value. See, e.g., State v. Long, 365 N.C. 5, 705 S.E.2d 735 (2011) (per curiam); State v. Greene, 298 N.C. 268, 258 S.E.2d 71 (1979) (per curiam).

In other words, the decision striking down the retention scheme as unconstitutional stands. The June 7 primary election for the Edmunds seat on the court will go ahead as planned. Click here to read the court’s ruling. For more background on this issue, be sure to check out this April 13 story by reporter Sharon McCloskey.

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