Hillary ClintonWith the 2016 presidential election already taking shape, one issue that likely Democratic nominee Hillary Clinton seems certain to emphasize in the months ahead is the future of the federal courts.

GOP candidates will no doubt trot out their tired and absurd old claims about opposing “activist liberal judges,” but the truth of the matter is that if there are any activist judges on the federal bench these days, they are of the Right. One need look no further than the Scalias, Thomases and Alitos of the world and the Citizens United decision they gave us to see what they look like and how far back they plan on taking the nation.

And speaking of Hillary and the courts, here are a couple of other facts that she’d probably do well to emphasize as she looks to mobilize her likely supporters:

In 2017, the combined ages of Justices Ginsburg, Breyer, Scalia and Kennedy will be 325.

The last time a Democratic president appointed the Chief Justice of the Supreme Court was 1946 — the year before she — Clinton — was born.


Supreme courtOn Monday, the U.S. Supreme Court ruled that North Carolina’s highest court must re-examine a sex offender’s case to determine whether a law requiring him to wear a GPS tracking bracelet for life is constitutional.

Torrey Dale Grady was convicted of a second-degree sex offense in 1997 and then of taking indecent liberties with a child in 2006. As a repeat offender, Grady was sentenced to three years in jail. Upon his release in 2013, he was ordered to permanently wear a GPS tracker. The monitoring device allows state officials to receive information about all of Grady’s movements. In order to maintain the tracking device, state officials are permitted to enter Grady’s home unannounced. According to Grady, he must also be plugged into a wall outlet for four to six hours daily in order to keep the bracelet charged.

Grady is one of 600 sex offenders in North Carolina that currently wears such a monitoring device.

Grady immediately appealed the order requiring him to permanently wear the GPS device claiming that it violated his Fourth Amendment right to be free from unreasonable searches and seizures. Grady’s claims were rejected by North Carolina courts but the Supreme Court found that this tracking could be unconstitutional.

In its opinion, the Court cited its recent decision in United States v. Jones which held that:

“the Government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search.’

In light of [this] decision[], it follows that a State also conducts a search when it attaches a device to a person’s body, without consent, for the purpose of tracking that individual’s movements.”

Read More


Image: Southern Coalition for Social Justice

In case you missed it, the U.S. Supreme Court took actually issued a promising 5-4 ruling yesterday in the challenge to Alabama’s racially gerrymandered redistricting plan.

Moreover, as the good folks at the Southern Coalition for Social Justice explain in the statement below, the decision could have a significant and positive impact in the challenge to the unconstitutional “Rucho plan” now in effect in North Carolina:


In a win for voting rights advocates, the U.S. Supreme Court today put the brakes on using explicit racial criteria in redistricting. The 5 to 4 decision constrained the cynical use of the Voting Rights Act to justify race-based redistricting that minimizes the voting strength of minority voters—a strategy employed by several Southern states in the 2010 redistricting cycle.

The Court ruled that race predominated in the Alabama legislature’s redistricting of state house and senate districts when it moved black voters into majority-minority districts in order to prevent the percentage of minority voters from declining. Read More


Health careCharlotte Observer reporter Ann Doss Helms makes things perfectly clear this morning just how big the stakes will be this week when the U.S. Supreme Court hears the King v. Burwell case challenging the lawfulness of Affordable Care Act health insurance subsidies in states like North Carolina.

“More than 500,000 North Carolinians stand to lose subsidized health coverage based on a challenge to the Affordable Care Act that goes to the U.S. Supreme Court this week.

Also at stake is the financial stability of the insurance companies, medical professionals and others that have come to count on the federal money the act provides to help low- and moderate-income people who don’t have workplace health coverage.”

And as was explained in last week’s N.C. Policy Watch Weekly Briefing, that could be just the beginning of our problems if the Court opts to provoke a crisis because of what amounts to a typo.

Fortunately, congressional Republicans have a contingency plan if the Court really issues such a terrible ruling…NOT. As Ezra Klein argues this morning on Vox, Congress isn’t at all likely to be able address the crisis if the Court sets it in motion:

“If the Court rules against the Obama administration, the outcome is perfectly predictable: nothing will happen. Some Republicans will come up with some plan to gut Obamacare that the Obama administration could never accept. The Obama administration will ask Republicans to simply fix the law, which they’ll never do. The two sides will blame each other just as always happens, and their attached partisans will think their side has the better of the argument, just as always happens. We have seen this movie before.”

Let’s fervently hope, however, that the Court does the right thing and if it doesn’t, Klein is wrong.

(Source: and Mic via

(Source: Freedom to Marry and Mic via Vox)

Color the state of Florida red in the maps above, as a state court judge in Miami-Dade County today allowed gay and lesbian couples to marry there.  The judge’s action followed an August 21 federal court ruling striking down the state’s same-sex marriage ban, a decision which the U.S. Supreme Court subsequently refused to stay.

That makes 36 states now where same-sex marriage is legal, including North Carolina, which followed suit after the 4th U.S. Circuit Court of Appeals in Richmond overturned Virginia’s marriage ban in July 2014 — a decision that was binding here and in all other states in the circuit.

Another nine states have court rulings pending appeal.

Against that backdrop, the U.S. Supreme Court will consider petitions for review from five states — Tennessee, Louisiana, Ohio, Michigan, and Kentucky — at conference on January 9, and it is likely that the court will take at least one, given that conflicting decisions have now been issued by federal courts of appeal.

Read the Vox update on where each state stands here, and read more from Freedom to Marry on the cases pending before the Supreme Court here.