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AG Stein to US Supreme Court: GOP lawmakers cannot step in, defend Monster voting law

North Carolina Attorney General Josh Stein filed a brief with the U.S. Supreme Court yesterday that should (if justice prevails) help move us another step closer to the final demise of North Carolina’s disastrous 2013 voter ID/voter suppression statute that’s also not so affectionately known as the “Monster Voting Law.”

In the brief, Stein forcefully refutes the last-ditch efforts of GOP members of the General Assembly to step in and purport to speak on the state’s behalf before the Court. This is from Stein’s brief:

“All of the petitioners in this case have moved to withdraw the pending petition. Thus, under normal operation of this Court’s rules, the petition should be dismissed….

Seeking to derail this ministerial process, the North Carolina General Assembly has fired a barrage of state-law arguments, seeking to create confusion about who controls state-related litigation in North Carolina. The very existence of these state-law issues confirms that the petition here should be dismissed. A state-law dispute over which branch of North Carolina government controls state-related litigation does not belong in this Court.”

The brief goes on to make the several specific arguments, including:

  • The General Assembly is not authorized to engage outside counsel on behalf of the state.
  • The General Assembly is not a party to the case.
  • The Attorney General represents the Board of Elections and its members.
  • The Attorney General and the General Assembly do not have an attorney-client relationship in this case.

Let’s hope the Court honors the brief’s final request: “The Attorney General of North Carolina, on behalf of all Petitioners in this case, respectfully requests that the Court dismiss the case.”

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