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Tue Mar 29, 2016, 11:54 AM

 

Senate leader to attorney general: Defend LGBT law or resign

Source: Greensboro News & Record

A top legislative Republican says North Carolina's Democratic attorney general should resign if he won't defend a far-reaching new state law that in part voids Charlotte's anti-discrimination ordinance.

Senate Leader Phil Berger said Tuesday that Attorney General Roy Cooper appears to be pandering to left-wing backers as he runs for governor against incumbent Republican Gov. Pat McCrory. Berger says Cooper's campaigning is making it impossible for him to fulfill his duties as attorney general.

Berger issued a statement after Cooper said he won't defend in court the new state law that prevents local governments from adopting anti-discrimination measures for lesbian, gay, bisexual and transgender people.

Cooper says in response to Berger's comments that he's doing his job and will keep doing it.


Read more: http://www.greensboro.com/news/government/attorney-general-cooper-won-t-defend-transgender-law-in-court/article_ba5c8e64-85cc-525e-a229-ccd2ac1f8e7e.html



This will get interesting. Maybe this will help us break the state free from Art Pope and his employees this November.

43 replies, 4592 views

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Arrow 43 replies Author Time Post
Reply Senate leader to attorney general: Defend LGBT law or resign (Original post)
Kelvin Mace Mar 2016 OP
Gothmog Mar 2016 #1
Kelvin Mace Mar 2016 #2
wilt the stilt Mar 2016 #3
DrToast Mar 2016 #42
mahatmakanejeeves Mar 2016 #4
Coolest Ranger Mar 2016 #5
Duval Mar 2016 #10
closeupready Mar 2016 #6
Mustellus Mar 2016 #7
Kelvin Mace Mar 2016 #13
NCjack Mar 2016 #8
bluestateguy Mar 2016 #9
obamanut2012 Mar 2016 #25
lark Mar 2016 #11
Kelvin Mace Mar 2016 #12
lark Mar 2016 #15
Kelvin Mace Mar 2016 #16
vkkv Mar 2016 #14
longship Mar 2016 #21
Fortinbras Armstrong Mar 2016 #29
branford Mar 2016 #30
staggerleem Mar 2016 #17
Myrina Mar 2016 #18
Kelvin Mace Mar 2016 #20
SunSeeker Mar 2016 #23
mountain grammy Mar 2016 #19
blackspade Mar 2016 #22
obamanut2012 Mar 2016 #24
Eleanors38 Mar 2016 #26
dlwickham Mar 2016 #27
dbackjon Mar 2016 #28
FreedomRain Mar 2016 #32
47of74 Mar 2016 #43
FreedomRain Mar 2016 #31
Kelvin Mace Mar 2016 #34
branford Mar 2016 #39
Dont call me Shirley Mar 2016 #33
Bluenorthwest Mar 2016 #35
jeff47 Mar 2016 #37
Tempest Mar 2016 #36
jeff47 Mar 2016 #38
branford Mar 2016 #40
Initech Mar 2016 #41

Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:03 PM

1. North Carolina is going to lose this lawsuit

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Response to Gothmog (Reply #1)

Tue Mar 29, 2016, 12:04 PM

2. Yep

 

and cost the state a bunch of money in the process.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:07 PM

3. I believe he said the same thing

 

to that nut in KY.

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Response to wilt the stilt (Reply #3)

Wed Mar 30, 2016, 12:47 PM

42. Different Senate leader

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:09 PM

4. Roy Cooper

Last edited Tue Mar 29, 2016, 01:27 PM - Edit history (1)

is the guy who took over the Duke lacrosse case from Mike Nifong. Here he is dismissing the charges:



Here is last week, commenting on the new legislation. Hat tip, Joe.My.God:

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:15 PM

5. Like Roy Cooper

is going to bow to your pressure. I can't wait to vote for Roy Cooper in the fall

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Response to Coolest Ranger (Reply #5)

Tue Mar 29, 2016, 01:02 PM

10. Me, too!

 

Roy Cooper will hold steady.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:26 PM

6. Fuck that. No deal.

 

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:39 PM

7. Doesn't a Democratic Official have the Religious Freedom (TM)...

.... to refuse to do his job too? Just like a Republican?

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Response to Mustellus (Reply #7)

Tue Mar 29, 2016, 01:07 PM

13. excellent point!

 

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:54 PM

8. Time to make another to Cooper2016 campaign. /nt

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 12:56 PM

9. Or

Or he could deliberately put on a Keystone Cops incompetent defense in court.

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Response to bluestateguy (Reply #9)

Tue Mar 29, 2016, 02:18 PM

25. Totally unethical -- he would deserve to lsoe his law license for that

He's been one of the good guys for a long time now, and he is doing this the right way!

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 01:03 PM

11. Asshole!

How about the attorney general supports the law of the country and not some backhand attempt at making discrimination OK?

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Response to lark (Reply #11)

Tue Mar 29, 2016, 01:06 PM

12. Ummm, you do understand that he IS defending LGBT rights

 

By refusing to defend the law?

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Response to Kelvin Mace (Reply #12)

Tue Mar 29, 2016, 01:11 PM

15. Yes, certainly do.

I was calling the person (being nice) who wanted him to enforce lgbt discrimination an asshole, not the AG. He's the good guy in this. Sorry I wasn't clear who I was calling the ass.

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Response to lark (Reply #15)

Tue Mar 29, 2016, 01:15 PM

16. Cool, just wanted to be sure

 

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 01:09 PM

14. The new law is not constitutional, it's an illegal law. A state AG is not obligated to defend.

 

The same thing happened here in Calif. re: anti- same sex marriage Prop 8.

I think it was then State AG Jerry Brown who would not defend it in court even though it actually passed a popular vote in a general election.
Gawd that Prop 8 was embarrassing for lefty Californians.. Lot's of out of state money came in on that one...


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Response to vkkv (Reply #14)

Tue Mar 29, 2016, 01:36 PM

21. Yes, and the LDS church helped pass Prop 8.

They were all over the state poking their sticky fingers into things. What did they think? That CA was UT?

Nevertheless, they helped get it passed. Amazingly.

I lived in Ontario, CA at the time. My whole family voted against it. But the Mormons were all over the place lobbying for it.

Thankfully it did not last long.

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Response to longship (Reply #21)

Tue Mar 29, 2016, 02:48 PM

29. The Catholic Archbishop of San Francisco, Salvatore Cordileone

Was also a strong supporter of Prop 8. The man is a flaming homophobe.

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Response to vkkv (Reply #14)

Tue Mar 29, 2016, 02:52 PM

30. Not necessarily.

 

Cooper doesn't appear to be claiming that the law is actually unconstitutional, but rather that it's a "national embarrassment" and bad for the economy. It seems he can legally defend the law, but just doesn't want to. That might be a big problem for a public servant.

If Cooper's asserted basis for refusing to discharge the duties of his office is just that he doesn't like a law, no matter how strong his feelings or how much we might agree, rather than proffering a strong legitimate basis for its unconstitutionally, he might find himself and his office is in a great deal of trouble in court. If that's the case, a court could publicly admonish him, direct other attorneys from the state AG's office to defend the law, and warn that his interference in such defense or anything less than unequivocal zealous representation will result in sanction. At the very least, the state AG might need to fund private counsel's defense of the law on behalf of the legislature. In any event, if the legislature so wishes, the statute will be properly defended in court.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 01:22 PM

17. If you won't defend the law that's gonna cause Major Corporations to run away from our state ...

 

... then you can go run after them!

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 01:22 PM

18. .... shouldn't the same apply to Kim Davis in Kentucky?

Do your job or resign?

How come it never came to that?? /rhetorical question

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Response to Myrina (Reply #18)

Tue Mar 29, 2016, 01:35 PM

20. Well, to be fair, that demand was made when she refused by many here

 

The difference is she had no discretion about her job, but Cooper does. A county clerk does not get to pick and choose what laws to obey. A state AG, however, does have discretion about defending/pursuing law suits.

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Response to Myrina (Reply #18)

Tue Mar 29, 2016, 01:41 PM

23. The AG is only required to defend Constitutional laws.

Indeed, as an attorney and officer of the court, he is precluded by ethics rules to present a sham defense of a law he knows is unconstitutional. The ant-LGBT law is unconstitutional on its face.

Kim Davis is only required to comply with Constitutional laws. However she, like the AG, must comply with the Constitutional requirements of their job, which in her case include issuing marriage licenses in a nondiscriminatory manner. She failed to do that. She should have been fired.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 01:25 PM

19. Yeah, like Phil Berger doing his job

passing unconstitutional laws.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 01:36 PM

22. Attorney General to Senate leader: Go fuck yourself

"Berger says Cooper's campaigning is making it impossible for him to fulfill his duties as attorney general."


Says the asshole that can't fulfill his duties as a Senate leader because of his feeble intelligence.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 02:16 PM

24. Cooper has been one of the good guys for a long time now

I've voted for him.

I hope he is NC's next Governor.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 02:22 PM

26. The sweet smell of testosterone surprises and confuses the Far Right.

 

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 02:32 PM

27. Give a half assed defense to shut the right wingers up

He'd be doing his job

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 02:45 PM

28. Is he saying the same thing to his US Senators that refuse to do their job?

 

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Response to dbackjon (Reply #28)

Tue Mar 29, 2016, 03:57 PM

32. first thing I thought of too.

nt

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Response to dbackjon (Reply #28)

Wed Mar 30, 2016, 12:52 PM

43. I doubt it.

Of course for these teafucklicans racism is a valid excuse for not doing their goddamn jobs.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 03:56 PM

31. Can't he just appoint someone with the right credentials and will to defend it?

nt

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Response to FreedomRain (Reply #31)

Tue Mar 29, 2016, 03:59 PM

34. I would think not

 

No good lawyer is going to take a case that is prima facia unconstitutional.

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Response to Kelvin Mace (Reply #34)

Tue Mar 29, 2016, 06:07 PM

39. How is it "prima facie unconstitutional,"

 

and where did Cooper ever make such a claim?

As an attorney, I can assure you that just because a law is bad or offensive does not render it unconstitutional or even necessarily contrary to federal law.

Despite the wishes of the some government and private organizations and most people on DU (including myself), it has not been established in the courts that the Equal Protection Clause or other constitutional provisions protect access to restrooms and similar areas based on gender identity, nor does federal discrimination law explicitly protect transgender individuals. Although some lower courts have tried to interpret current law to do so, they are in the clear minority. In fact, segregation based on sex in lavatories, lockers and similar locations has generally been recognized as a legitimate exception to sex nondiscrimination statutes. Lastly, absent the rare provisions in a state constitution, state legislatures can, and very often do, preempt laws of cities and towns.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 03:58 PM

33. Threats now, Bigot Phil.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 04:26 PM

35. 5 Democrats voted for that atrocity.

 

nt

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Response to Bluenorthwest (Reply #35)

Tue Mar 29, 2016, 05:16 PM

37. Actually, 12 Democrats voted for it.

Passage was guaranteed due to roughly 2/3rds Republican majority, so they probably thought a little pandering to the fainting couch brigade wouldn't be bad.

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Response to Kelvin Mace (Original post)

Tue Mar 29, 2016, 05:12 PM

36. Attorney General is an elected position

Cooper can tell them to go fuck themselves.

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Response to Tempest (Reply #36)

Tue Mar 29, 2016, 05:19 PM

38. Theoretically, they could impeach the AG

But that would probably greatly help his campaign for Governor.

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Response to Tempest (Reply #36)

Tue Mar 29, 2016, 06:10 PM

40. Not necessarily.

 

See my Post #30 above.

Cooper, as both the State AG and officer of the court, may indeed have certain legally enforceable obligations.

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Response to Kelvin Mace (Original post)

Wed Mar 30, 2016, 12:25 PM

41. Oh man this is going to get ugly.

But if it takes down "religious freedom" all the way to SCOTUS, I'm all for it!

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