April 28, 2023

Federal judge ENJOINS enforcement of Illinois' assault weapon and magazine bans

Rob Romano
@2Aupdates

BREAKING: Barnett v. Raoul (S.D. IL): Judge issues preliminary injunction against IL assault weapon and magazine bans, saying "it does not appear that the legislature considered an individual's right under the Second Amendment nor Supreme Court precedent." https://michellawyers.com/wp-content/uploads/2023/04/2023-04-28-Order-Granting-MPI.pdf

https://twitter.com/2Aupdates/status/1652033576727093260

April 28, 2023

Justice Earls telling it like it is - re North Carolina anti-gerrymandering reversal

Re: 🚨BREAKING: North Carolina Supreme Court reverses a prior partisan gerrymandering decision

What is more, the majority abolishes the fundamental right to vote on equal terms regardless of political party through a process driven by partisan influence and greed for power. Let there be no illusions about what motivates the majority’s decision to rewrite this Court’s precedent. Today’s result was preordained on 8 November 2022, when two new members of this Court were elected to establish this Court’s conservative majority. To the Court’s new majority, the parties’ briefing after rehearing was granted did not matter. The oral argument held after rehearing was granted did not matter. The merits of Plaintiffs’ arguments do not matter. For at stake in this case is the majority’s own political agenda. Today, the Court shows that its own will is more powerful than the voices of North Carolina’s voters.

April 28, 2023

🚨 North Carolina Supreme Court reinstated NC's voter ID law and ended voting rights for some felons

So much for progress

Opinion

AP News

Democracy Docket
@DemocracyDocket

BREAKING: North Carolina Supreme Court rules that the state's felony disenfranchisement law does NOT violate the state constitution. The law, originally adopted in the 1870s to target Black voters, currently disenfranchises over 56,000 North Carolinians.

democracydocket.com
🚨 New Filing in Community Success Initiative v. Moore
Read the latest filing in Community Success Initiative v. Moore.

https://twitter.com/DemocracyDocket/status/1651982755910111232
https://twitter.com/ProgressNow_NC/status/1651990869002661888
https://twitter.com/garydrobertson/status/1651990516232335360

April 28, 2023

🚨 North Carolina Supreme Court reinstated NC's voter ID law and ended voting rights for some felons

So much for progress

Opinion

AP News

Democracy Docket
@DemocracyDocket

BREAKING: North Carolina Supreme Court rules that the state's felony disenfranchisement law does NOT violate the state constitution. The law, originally adopted in the 1870s to target Black voters, currently disenfranchises over 56,000 North Carolinians.

democracydocket.com
🚨 New Filing in Community Success Initiative v. Moore
Read the latest filing in Community Success Initiative v. Moore.

https://twitter.com/DemocracyDocket/status/1651982755910111232
https://twitter.com/ProgressNow_NC/status/1651990869002661888
https://twitter.com/garydrobertson/status/1651990516232335360

April 28, 2023

🚨 BREAKING: North Carolina Supreme Court reverses a prior partisan gerrymandering decision

Opinion

Democracy Docket
@DemocracyDocket

🚨BREAKING: The GOP majority of the North Carolina Supreme Court reverses a prior decision and rules that partisan gerrymandering does *not* violate the NC Constitution. It also says lawmakers are permitted to redraw the congressional and legislative maps. https://democracydocket.com/cases/north-carolina-congressional-redistricting-challenge-scotus/

In a 5-2 decision, the North Carolina Supreme Court ruled that partisan gerrymandering is a nonjusticiable issue under current state laws and the state constitution. They write that a ban on partisan gerrymandering is a policy question for lawmakers, not the state courts.

The decision comes after Republican lawmakers asked the state's highest court to reconsider its position on partisan gerrymandering after the North Carolina Supreme Court flipped from a Democratic to a Republican majority following the Nov. 2022 elections.

This unprecedented decision is a loss for North Carolina voters who no longer have state-level protections against partisan gerrymandering.

It is not yet clear how or if this will impact the Moore v. Harper case before the U.S. Supreme Court. The North Carolina Supreme Court just reversed the ruling that brought the case to SCOTUS in the first place, making it uncertain if there's a live issue for SCOTUS to rule on.

https://twitter.com/DemocracyDocket/status/1651972723445211140

April 28, 2023

The next opportunity to flip the North Carolina Supreme Court will be 2028

While reading the decision by the Court reversing their prior gerrymandering decision, I couldn't help but think "how screwed are we for the foreseeable future and for how long?"

We're on defense for 2024 and 2026. One seat, currently held by Justice Michael Morgan, will be facing an election in 2024. Justice Morgan is one of the two Democrats on the Court.

In 2026, the seat currently held by Justice Anita Earls will be facing election. Justice Earls is the other Democrat on the Court.

If the current justices run to retain their seats, they will reach the age of mandatory retirement in their next term. Assuming that scenario occurs, the governor (whoever it will be) will appoint their successors, who will serve the remainder of their terms until the next election.

Assuming Democrats hold on to the seats they currently occupy, the next opportunity to flip the Court is 2028, when two seats that are currently occupied by Republicans will face elections. At that point, that is the next chance of gaining a 4-3 Democratic majority.

April 28, 2023

🚨BREAKING: North Carolina Supreme Court reverses a prior partisan gerrymandering decision

Opinion

Democracy Docket
@DemocracyDocket

🚨BREAKING: The GOP majority of the North Carolina Supreme Court reverses a prior decision and rules that partisan gerrymandering does *not* violate the NC Constitution. It also says lawmakers are permitted to redraw the congressional and legislative maps. https://democracydocket.com/cases/north-carolina-congressional-redistricting-challenge-scotus/

In a 5-2 decision, the North Carolina Supreme Court ruled that partisan gerrymandering is a nonjusticiable issue under current state laws and the state constitution. They write that a ban on partisan gerrymandering is a policy question for lawmakers, not the state courts.

The decision comes after Republican lawmakers asked the state's highest court to reconsider its position on partisan gerrymandering after the North Carolina Supreme Court flipped from a Democratic to a Republican majority following the Nov. 2022 elections.

This unprecedented decision is a loss for North Carolina voters who no longer have state-level protections against partisan gerrymandering.

It is not yet clear how or if this will impact the Moore v. Harper case before the U.S. Supreme Court. The North Carolina Supreme Court just reversed the ruling that brought the case to SCOTUS in the first place, making it uncertain if there's a live issue for SCOTUS to rule on.

https://twitter.com/DemocracyDocket/status/1651972723445211140

April 28, 2023

NEW: DOJ goes to 5th Circuit to request a partial stay pending appeal in ACA preventive care case

Chris Geidner
@chrisgeidner

NEW: DOJ goes to the Fifth Circuit for its request for a partial stay pending appeal in the ACA preventative care (PrEP, cancer screenings, etc) case, following Judge Reed O'Connor's refusal to rule on a similar motion. [1/x] https://storage.courtlistener.com/recap/gov.uscourts.ca5.213031/gov.uscourts.ca5.213031.30.0.pdf

As with their request before O'Connor, DOJ is asking the Fifth Circuit only for a stay of the nationwide effect of the ruling pending appeal — not any stay of the ruling as to the plaintiffs. [2/x]

Last week, O'Connor ~deferred ruling~ on DOJ's partial stay request in a ruling that was just ... something else. [3/x]

Despite the "is this a good-faith order?" element of O'Connor's order, DOJ responded the next day. [4/x] https://storage.courtlistener.com/recap/gov.uscourts.txnd.330381/gov.uscourts.txnd.330381.130.0.pdf

O'Connor has done nothing since, leading to today's Fifth Circuit filing today.

For background on O'Connor's underlying ACA ruling, see here at Law Dork. [5/5]

lawdork.com
Judge orders end to many ACA preventative care coverage requirements, including PrEP and cancer...

https://twitter.com/chrisgeidner/status/1651695950220410880

April 27, 2023

@SenSchumer writes to the chief judge of Kacsmaryk's court, telling him to

Ian Millhiser
@imillhiser

.@SenSchumer writes to the chief judge of Kacsmaryk's court, telling him to stop letting litigants choose which judge hears their case. Letter ends with a warning that "Congress will consider more prescriptive requirements" if the chief judge doesn't act.

https://democrats.senate.gov/imo/media/doc/following_devastating_decisions_on_abortion_lgbt_protections_and_immigration_majority_leader_schumer_pushes_to_end_contemptible_practice_of_texas_forum_shopping.pdf

https://twitter.com/imillhiser/status/1651682997412810753

April 27, 2023

11th Circuit upholds most of Florida's post-2020 voting restrictions

Mark Joseph Stern
@mjs_DC

The 11th Circuit has upheld most of Florida's post-2020 voting restrictions—but it also struck down part of the notorious criminal ban on "solicitation" of voters near the polls, which targeted voting rights advocates. https://storage.courtlistener.com/pdf/2023/04/27/league_of_women_voters_of_florida_inc._v._florida_secretary_of_state.pdf
h/t @MikeSacksEsq

Mike Sacks
@MikeSacksEsq

11th Circuit, by a 2-1 vote, is cool with Florida’s voter suppression laws that a lower court found unconstitutionally and illegally racist.

GWB & Trump judges in majority.

Obama judge in dissent.

https://storage.courtlistener.com/pdf/2023/04/27/league_of_women_voters_of_florida_inc._v._florida_secretary_of_state.pdf

https://twitter.com/MikeSacksEsq/status/1651662338808750121

https://twitter.com/mjs_DC/status/1651663636652335104

https://twitter.com/DemocracyDocket/status/1651667575233757187

In It to Win It

Federal judge ENJOINS enforcement of Illinois' assault weapon and magazine bans

Justice Earls telling it like it is - re North Carolina anti-gerrymandering reversal

🚨 North Carolina Supreme Court reinstated NC's voter ID law and ended voting rights for some felons

🚨 North Carolina Supreme Court reinstated NC's voter ID law and ended voting rights for some felons

🚨 BREAKING: North Carolina Supreme Court reverses a prior partisan gerrymandering decision

The next opportunity to flip the North Carolina Supreme Court will be 2028

🚨BREAKING: North Carolina Supreme Court reverses a prior partisan gerrymandering decision

NEW: DOJ goes to 5th Circuit to request a partial stay pending appeal in ACA preventive care case

@SenSchumer writes to the chief judge of Kacsmaryk's court, telling him to

11th Circuit upholds most of Florida's post-2020 voting restrictions

Profile Information