Leandro case’s latest twist involves ‘subject matter jurisdiction’
The fate of a 29-year-old court fight could depend on a technical legal issue.
The state Supreme Court voted 5-2 to take another look at North Carolina’s long-running court battle over education funding. Justices will decide whether a trial court had “subject matter jurisdiction” to order hundreds of millions of dollars in new education spending. The decision announced Friday split the court along party lines. Republicans agreed to hear the case again. Democrats dissented.
The state Supreme Court has dismissed an appeal dealing with the news media’s “fair report” privilege. The decision announced Friday prompted commentary from four of the seven justices, including one who wrote that a colleague’s claims were “a bit unhinged.”
Some N.C. Supreme Court Justices have taken a special interest in protecting North Carolinians' "enjoyment of the fruits of their own labor."
The U.S. Supreme Court could decide soon whether to take N.C. cases dealing with sales taxes and DWI prosecutions.
North Carolina’s constitution has protected people’s rights to the “enjoyment of the fruits of their own labor” for more than 150 years. But the state’s highest court continues to wrestle with the form that protection should take. That was a key message in N.C. Supreme Court Justice Phil Berger Jr.’s May 10 presentation to the Bastiat Society of Raleigh.
In a trio of opinions totaling 436 pages, the N.C. Supreme Court has restored North Carolina’s voter ID law, ruled that state courts cannot consider partisan gerrymandering claims, and ended voting for felons who have not completed their sentences. Each ruling issued Friday divided the court, 5-2. Republican justices supported the majority opinions. Democratic justices dissented.
A company fighting the N.C. Department of Revenue over sales tax on out-of-state transactions hopes to take its case to the U.S. Supreme Court. The company wants the nation’s highest court to reverse a December ruling from North Carolina’s top court.
The N.C. Supreme Court took a second look Wednesday at a case targeting the state’s 2018 voter identification law. The court could reinstate the law, reversing a decision handed down three months ago.
Just hours before the N.C. Supreme Court was scheduled to reconsider a case dealing with North Carolina’s voter identification law, the full court issued an order clearing Justice Phil Berger Jr. to take part in the new oral arguments. The order dismissed a motion from voter ID critics for Berger’s recusal.
The North Carolina Supreme Court heard a case Wednesday of a black Forsyth County man on death row who alleges that a training document nicknamed a “cheat sheet” was used to keep potential black jurors off the jury that heard his case.
The seven justices agreed unanimously in just one of 27 cases decided on Dec. 16.