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Court filing asks judges to declare NC’s CON law unconstitutional

The New Bern eye surgeon who has challenged North Carolina’s certificate-of-need law in court since 2020 now asks a three-judge panel to declare the law unconstitutional. A unanimous state Supreme Court ruled in October 2024 that Dr. Jay Singleton could move forward with his lawsuit.

CJ Staff
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NAACP wants voter ID, tax cap amendments case returned to single judge

The state NAACP wants a single Wake County judge to proceed with a lawsuit challenging two state constitutional amendments voters approved in 2018. One mandates voter ID. The other lowers the cap on state income tax rates. The case does not affect North Carolina’s current law requiring ID for voters.

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Cooper elections board suit shifted to three-judge panel, no action on restraining order

Gov. Roy Cooper’s lawsuit against state elections board changes will shift to a three-judge Superior Court panel. A Wake County judge ordered the shift Wednesday without addressing Cooper’s request for a temporary restraining order. The new board is scheduled to take effect on Jan. 1.

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Three-judge panel will hear Cooper lawsuit challenging appointment changes

A three-judge Superior Court panel will weigh Gov. Roy Cooper’s legal arguments against a new state law. It shifts appointment powers away from the governor’s office and toward state lawmakers. Senior Resident Superior Court Judge Paul Ridgeway of Wake County issued an order Wednesday transferring the case from a single trial court judge to a three-judge panel. State Supreme Court Chief Justice Paul Newby will appoint the three judges.

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Split Appeals Court sends Opportunity Scholarship case to three-judge panel

The N.C. Court of Appeals has ruled, with a split 2-1 vote, that a lawsuit challenging North Carolina’s Opportunity Scholarship Program should head to a three-judge trial court panel. The ruling announced Tuesday marks a win for the state, legislative leaders, and Opportunity Scholarship defenders.

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Opportunity Scholarship defenders boost case for moving challenge to three-judge panel

The legal fight over North Carolina’s Opportunity Scholarship Program focuses now on whether a single judge or a three-judge panel should hear the case. Lawyers for the state and the scholarships’ parent supporters have filed new briefs supporting the three-judge option. Separate filings in the case titled Kelly v. State of N.C. arrived Wednesday at...

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Opportunity Scholarship defenders seek to block opponents’ legal maneuvers

Legislative defenders of North Carolina’s Opportunity Scholarship Program are asking the N.C. Court of Appeals to block “burdensome” trial court activity in a lawsuit challenging the program. They say trial court discovery should remain on hold until the Appeals Court resolves other issues in the case. In a lawsuit, “discovery” refers to the exchange of...

CJ Staff
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Legal challenge to governor’s emergency powers one step closer to three-judge panel

A lawsuit challenging the constitutionality of Gov. Roy Cooper’s emergency powers has moved closer to a resolution. The senior resident Superior Court judge for Wake County has agreed the case should head to a three-judge panel. That panel will address the lawsuit’s claim that Cooper’s powers under the state Emergency Management Act are unconstitutional. Crystal...

CJ Staff