fbpx

Trial over elimination of judicial primaries set for June

A trial over whether or not lawmakers have the constitutional authority to eliminate judicial primary elections is scheduled to take place a little over a week before judicial candidate filing.

The defendants in the case, Senate President Pro Tem Phil Berger, House Speaker Tim Moore and the state of North Carolina, filed a joint motion earlier this week to dismiss the lawsuit brought by the North Carolina Democratic Party.

“A court ‘cannot, in the name of the Constitution, overturn duly enacted statutes simply ‘because they may be unwise, improvident, or out of harmony with a particular school of thought,'” the motion states. “Rather, ‘when an issue involves policy choices as sensitive as those implicated [here] …, the appropriate forum for their resolution in a democracy is the legislature.'”

Lawmakers voted in December to cancel the 2018 judicial primary elections to allow more time to study judicial redistricting and reform. You can read more about the full legal arguments in the case here.

Judge Catherine Eagles reinstated appellate judicial primaries in the form of a preliminary injunction, but the 4th Circuit Court of Appeals overturned her decision and again cancelled the primaries.

A trial in the case has been set for June 7 at the U.S. District Court house in Greensboro. Eagles will preside. Candidate filing for judicial offices runs from June 18-29, according to the State Board of Elections and Ethics Enforcement.

Load More Related Articles
Load More By Melissa Boughton
Load More In Courts & the Law

Top Stories from NCPW

  • News
  • Commentary

In her attempt to break the Democratic Party’s streak of loses in U.S. Senate races, Cheri… [...]

WASHINGTON — President Joe Biden signed legislation into law Wednesday that will provide health care and… [...]

Contaminated soil from a Superfund site in Navassa will be shipped to one of three landfills outside… [...]

A lot has happened since the U.S. Supreme Court overturned Roe v. Wade in late June,… [...]

Schools do not need more resource officers, armed guards or for that matter armed teachers. Schools… [...]

Into the sewer. That appears to be the intended destination of what look like torn-up presidential… [...]

PW investigation raises important questions about holding billions of dollars in cash In a way, there’s… [...]

The post Not taking the bait appeared first on NC Policy Watch. [...]

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to The Pulse and you must include the author’s name in your republication.

If you have any questions, please email [email protected]

License

Creative Commons License AttributionCreative Commons Attribution
Trial over elimination of judicial primaries set for June