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Roy Cooper 3North Carolina Attorney General is generally a good guy who has done many good things during his long stint heading the North Carolina Department of Justice, so he is probably entitled to a boneheaded error or two.

If that’s so, however, Cooper more than used up his quota with the ridiculous and wasteful appeal he filed today in the “Choose Life” license plate case.

What in the world is going on?!

That he ever sought to defend this blatantly unconstitutional law giving favored government treatment to the views of anti-abortion advocates in the first place was an extremely questionable decision.

Hello?! Anyone at home over there in the DOJ? Earth to Roy: You are an independently-elected constitutional officer with some discretion in these matters. What if the reactionaries down the street at the General Assembly had passed a law outlawing abortion entirely? Would you have defended that too? What about a law that only permitted Christians to serve in the General Assembly? A law that sought to reinstitute Jim Crow?  Read More

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Attorney General Roy Cooper today filed a notice of appeal of  Senior U.S. District Court Judge James C. Fox’s December 7 ruling that the state’s offering of a specialty “Choose Life” license plate to drivers, without a corresponding plate supportive of reproductive freedom, was unconstitutional.NCCHOOSE

“It’s unfortunate that the state has chosen to prolong what is really a very clear-cut First Amendment issue,” said Chris Brook, Legal Director for the American Civil Liberties Union of North Carolina Legal Foundation — a plaintiff in the case.  “The Fourth U.S. Circuit Court of Appeals has consistently ruled that anytime the government creates an avenue for private speech, it cannot restrict that avenue to only one side of a contentious debate. This case is ultimately about the right of North Carolinians of all political beliefs to have equal access to avenues for the free expression of ideas, and we look forward to making our arguments before the Court of Appeals.”

After the legislature approved the “Choose Life” license plate in 2011, some members proposed amendments that would authorize an additional plate stating “Trust Women. Respect Choice,” or simply “Respect Choice.” The legislature rejected all those amendments.

In the case before Judge Fox, the state argued in part that the “Choose Life” plate was protected government speech and thus constitutional. Fox, though, called that argument a “stretch,” given that the state advertised the specialty plate program as a chance for North Carolina drivers “to show off [their] special interests,” and held that “the State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”