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

NC NAACP to facilitate absentee voting in hurricane-impacted counties; State Board still assessing impacts

The North Carolina NAACP announced Monday that it ...

Top Stories from NCPW

  • News
  • Commentary

It’s still not clear exactly how much damage Hurricane Florence left in her wake, but "the show [...]

When the Silent Sam Confederate Statue was toppled at UNC-Chapel Hill last month, a flurry of text m [...]

Having devastated the southeast coast of North Carolina, Hurricane Florence is now a tropical depres [...]

The U.S. Commission on Civil Rights has finally released its report and recommendations on minority [...]

It’s a truism that weather affects elections. Yes, many of us would slosh through a downpour if that [...]

To this point, everything about Brett Kavanaugh -- from his indoctrination in  Kenneth Starr's [...]

On June 6, 1944, the day of the great Allied Forces D-Day invasion of France, many historians agree [...]

On Sunday, Governor Roy Cooper declared that affordable housing would be a key focus in the recovery [...]