Courts & the Law, News

Hearing set for end of June in State Board of Education lawsuit

A three-judge panel will hear arguments in the State Board of Education’s lawsuit against North Carolina and Superintendent of Public Instruction Mark Johnson at 10 a.m. June 29.

The notice of hearing was filed Monday in the Wake County Superior Court.

The State Board of Education sued North Carolina just before the New Year over legislators’ action transferring power from the Board to Johnson, a recently elected Republican.

House Bill 17 is in conflict with Article IX, Section 5 of the North Carolina Constitution, which expressly confers certain “powers and duties” on the Board.

Because of the conflict with the Constitution, experts have said that the State Board of Education’s argument is strong and they expect them to prevail.

The State Board of Education has requested a summary judgment and preliminary injunction in the case, and the state has requested to dismiss the case. Johnson has also requested a summary judgment.

State Supreme Court Chief Justice Mark Martin appointed Martin appointed the following judges to preside over the case: Judge Forrest Donald Bridges, who is registered to vote as a Democrat and presides in Cleveland and Lincoln counties; Judge James F. Ammons Jr., a former Democrat now registered as unaffiliated who presides in Cumberland County; and Judge Martin B. McGee, a Republican who presides in Cabarrus County.

The hearing will be held in the courtroom of the North Carolina Court of Appeals building at 1 West Morgan Street in Raleigh.

Check Also

Watchdog Bob Hall raises new questions in Moore poultry deal

Public watchdog Bob Hall is raising attention about ...

Top Stories from NCPW

  • News
  • Commentary

North Carolina has less than a year of transition time as it raises the age of juvenile jurisdiction [...]

Sheila Holman, assistant secretary of the the North Carolina Department of Environmental Quality, wh [...]

“Is this person a citizen of the United States?” To some that might seem like a simple question to p [...]

Many Robeson County residents have drinking water that is more acidic than strong black coffee, whil [...]

Donald Trump does not and cannot act alone. Notwithstanding his serial dishonesty and raging narciss [...]

The post The NC Legislature wishes a happy birthday to MLK appeared first on NC Policy Watch. [...]

Same-sex couples in North Carolina won the freedom to marry in 2014, but LGBTQ people continue to be [...]

At long last, we’ve learned who UNC Chancellor Carol Folt is, just in time to say farewell. Folt’s i [...]