Opinion
Bayard v. Singleton: Judicial review’s NC origins
The NC decision in Bayard v. Singleton supports a strong argument that it represents the earliest state court case to clearly exercise judicial review.
Opinion
North Carolina’s unique natural-law tradition
For the past three years, the conservative legal movement in America has been split by a debate over natural law. Basically, there are two schools of thought. The first, called positivism, is embodied by the late Justice Antonin Scalia, who believed that judges should be bound by the text of the law as enacted by...
Opinion
Originalism returns to the NC Supreme Court
The people of North Carolina, through the democratic electoral process, decided they believe judges should make clear interpretations of the law, not create law or policy whole-cloth by legislating from the bench. Judicial activism can end in our state’s highest court — as long as the originalists on the court stick with originalism. Starting this...
Opinion
State judges can consider Rucho ruling’s impact
The U.S. Supreme Court's decision in a partisan gerrymandering case could influence a state court dispute involving the same topic.
News
Mapmakers Removing Race From New Congressional Districts
Members of the Joint Select Committee on Congressional Redistricting sparred for 4 ½ hours Tuesday in a meeting featuring mostly party-line votes and intense reactions from stunned Democrats after Republican leaders declared they would omit any and all racial considerations when redrawing congressional districts. Passions rose when Republicans said their main focus in adjusting congressional...
News
Remembering Scalia
U.S. Supreme Court confirmation battles are "inevitable," the late Supreme Court Justice Antonin Scalia predicted in 2007.
Opinion
Training the Next Batch of Low-Information Voters
New test results demonstrate that eighth-graders know little about history, geography, or civics.
Opinion
N.C.’s Johnston Played Important Role in Founding
His work influenced politics and law in the years leading up to and following the Revolutionary War.
Opinion
Little-Known Johnston Had Illustrious Political and Legal Career
Samuel Johnston played in influential role in state government after independence, and argued a case in state court that became a precedent for the landmark federal Marbury v. Madison decision allowing courts to overturn legislatures.
Opinion
Tea Party Helps and Harms GOP
When Tea Party conservatives stray from their concerns about fiscal mismanagement, they can lose their moorings and tarnish their brand.
News
City Argues That Courts Have No Power To Alter Tax Policies
RALEIGH — Joined by the powerful North Carolina League of Municipalities, Lumberton officials are advancing the novel legal argument that the judiciary has no constitutional authority to review legislative branch decisions setting rates for business privilege taxes.
News
Scalia: Originalism Not a “Weird Affliction”
CARY — Confirmation battles are inevitable for the U.S. Supreme Court as long as justices ignore the doctrine of originalism, Associate Justice Antonin Scalia said during a recent visit to North Carolina.
