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Senator Richard Burr

Senator Richard Burr

In case you missed it, it’s worth noting that Senator Richard Burr uttered some eminently reasonable words yesterday when pressed for a comment on the judge who struck down North Carolina’s  unconstitutional ban on same-sex marriage, U.S. District Court Judge Max Cogburn of the state Western District. Burr, of course, voted for Cogburn’s confirmation which was unanimously approved.

You can watch the WNCN.com video by clicking here, but here is a transcript:

“We try to put the most qualified individuals on the bench. I have no questions that Max Cogburn met that qualification threshold for me. And…uh…I think it’s once again proof that you can’t…uh..envision every decision that a judge is gonna’ make and that’s why putting folks that have the right experience on the bench is absolutely crucial.”

Dan Forest

Lt. Gov. Dan Forest

In other words, those spewing absurd and incendiary comments like North Carolina’s Lieutentant Governor (who called Cogburn’s simple and rational decision applying the precedents dictated by the courts above him “the judicial fiat of one unelected man”) would do well to clam up and take a civics lesson.

Now, if Burr would just apply his own words by: a) halting his ridiculous and completely unexplained, one-man blockade of President Obama’s appointment of federal prosecutor Jennifer May-Parker to serve as the first African-American judge in the history of North Carolina’s Eastern District and b) condemning Forest for his ridiculous and inflammatory pandering, we might just get somewhere.

News
ACLU marriage equality

Image: ACLU of North Carolina

Court decisions have been coming in a fast and furious fashion in recent days — so fast that many may be left scratching their heads by Judge Osteen’s ruling yesterday on marriage equality.

If you’re one of the thousands who’s saying to him or herself this morning something like “What the heck? I though Judge Cogburn settled this last week,” the good folks at the ACLU of North Carolina issued a statement late yesterday that explains the deal:

Second Federal Judge Rules N.C. Marriage Ban Unconstitutional

GREENSBORO – U.S. District Judge William Osteen today ruled that North Carolina’s ban on marriage for same-sex couples is unconstitutional. He is the second federal judge to do so in five days. The ruling came in two lawsuits brought by the American Civil Liberties Union and ACLU of North Carolina Legal Foundation.

On Friday, U.S. District Judge Max Cogburn issued a separate ruling that struck down North Carolina’s marriage ban and added North Carolina to the list of states to extend the freedom to marry to same-sex couples. Judge Osteen, who was appointed to the federal bench by President George W. Bush, also gave North Carolina House Speaker Thom Tillis and Senate President Pro Tempore Phil Berger the ability to intervene in the case on appeal.

“Judge Osteen’s ruling is the second in five days to declare North Carolina’s ban on marriage for same-sex couples to be unconstitutional,” said Chris Brook, Legal Director for the ACLU of North Carolina. “This second ruling further emphasizes that North Carolina’s now-defunct marriage ban was discriminatory and denied same-sex couples their constitutional rights to due process and equal protection under the law. The legislature can attempt to pursue an appeal if they so choose; however, that would only unnecessarily expend taxpayer resources. North Carolinians can rest assured: the freedom to marry is here to stay.”

Background:

The ACLU filed the first legal challenge to North Carolina’s marriage ban in June 2013 when it amended a 2012 lawsuit seeking second parent adoption rights for six families headed by same-sex couples. The adoption lawsuit, Fisher-Borne, et al. v. Smith, was originally filed in June 2012, just weeks after passage of the state’s marriage ban, known as Amendment One, which the ACLU lobbied and campaigned against. In April 2014, the ACLU filed a second lawsuit, Gerber and Berlin, et al. v. Smith, challenging North Carolina’s marriage ban on behalf of three married same-sex couples, one member of which has a serious medical condition.

Commentary

Some seats still remain for tomorrow’s Crucial Conversation luncheon - “Dirty money, dirty water: The end of judicial campaign public financing in North Carolina.”

The event will feature Billy Corriher, the Director of Research for Legal Progress at the Center for American Progress in Washington, D.C., where his work focuses on state courts and the influence of political contributions on judges.

Corriher will be joined by Chris Kromm, Executive Director of the Durham-based Institute for Southern Studies and one of North Carolina’s best-known muckrakers. When: Tuesday, September 30, at noon — Box lunches will be available at 11:45 a.m.

Where: Center for Community Leadership Training Room at the Junior League of Raleigh Building, 711 Hillsborough St. (At the corner of Hillsborough and St. Mary’s streets)

Space is limited – pre-registration required.

Cost: $10, admission includes a box lunch.

Click here to register

Questions?? Contact Rob Schofield at 919-861-2065 or rob@ncpolicywatch.com

News

The U.S. Court of Appeals for the Sixth Circuit ruled today that Ohio’s attempts to limit early voting — a subject that will be argued tomorrow in front of the Fourth Circuit when it considers North Carolina’s recently enacted voting restrictions — are in fact unconstitutional. This is from the Cleveland Plain Dealer:

A federal appeals court on Wednesday affirmed a district court decision restoring early voting cuts and expanding early voting hours.

The ruling from the U.S. 6th Circuit Court of Appeals is a setback for Secretary of State Jon Husted, who had appealed a lower court’s order that he expand early voting hours.

The three-judge panel previously rejected a request to delay the court order pending Husted’s appeal. Husted then expanded statewide early, in-person voting hours while the case proceeded.

Civil rights groups and several African-American churches sued state officials in May over a new state law eliminating “Golden Week,” a week-long window when people could both register to vote and cast a ballot in Ohio, and a statewide early, in-person voting schedule that did not include Sundays. Attorneys led by the American Civil Liberties Union successfully argued in U.S. Southern District Court that the reduced number of days burdened low-income and African-American Ohioans who are more likely to take advantage of Golden Week and Sunday voting.

U.S. District Court Judge Peter C. Economus agreed. He ruled that once Ohio granted a broad scheme of early, in-person voting, state officials could not reduce it in a way that burdened certain groups of voters.

Read the court’s unanimous ruling by clicking here.

News
Loretta Biggs

Former North Carolina Court of Appeals Judge Loretta Biggs – Photo: Allman, Spry, Davis, Leggett and Crumpler -www.allmanspry.com

Though Senator Richard Burr continues to block his nomination of federal prosecutor Jennifer May-Parker to serve as a  U.S. District Court judge for North Carolina’s Eastern District, President Obama acted yesterday to fill another, newer North Carolina federal judicial vacancy when he nominated former state Court of Appeals judge Loretta Copeland Biggs of Winston-Salem to fill a seat in the  state’s Middle District.

This is from the White House announcement:

Judge Loretta Copeland Biggs has been a partner at Allman Spry Davis Leggett Crumpler, PA, since May 2014 and previously was a partner and managing shareholder at Davis Harwell Biggs, PA, from 2003 to 2014. From 2001 to 2002, Judge Biggs served as a Judge on the Court of Appeals of North Carolina. From 1994 to 2001, she worked in the United States Attorneys Office for the Middle District of North Carolina, serving as Executive Assistant United States Attorney from 1997 to 2001. Judge Biggs also served as a Judge on the Forsyth County District Court from 1987 to 1994 and as an Assistant District Attorney in Forsyth County from 1984 to 1987. She began her legal career as Staff Counsel for The Coca-Cola Company from 1979 to 1982. Judge Biggs received her J.D. with honors in 1979 from Howard University School of Law and her B.A. cum laude in 1976 from Spelman College.

Congressman G.K. Butterfield, who has worked to push the White House to diversify the federal bench in North Carolina, issued a statement praising the nomination: Read More