News
Gun rights group backs defendant in 2A case at NC Supreme Court
The gun rights group Grass Roots North Carolina is adding its support to a challenge of North Carolina’s law against felons possessing firearms.
Opinion
Unanimous SAFE Child Act ruling masks top NC court’s division
North Carolina Supreme Court justices upheld a law designed to help victims of childhood sexual abuse. Yet one justice accused colleagues of "extreme originalism."
Opinion
Many good options if Trump wants to nominate a Southerner to Supreme Court
No one from NC has served on the court since Alfred Moore was appointed by John Adams in 1800. Could Trump pick someone from our state or at least the South?
Opinion
Constitutional originalism only appears partisan to the untrained eye
Put simply, constitutional originalists believe that controversial policy choices are best left to us — the people.
Opinion
Establishment Clause ‘Lemon Test’ lingers despite SCOTUS decision (Part I)
The first sentence of the US Constitution’s First Amendment provides that “Congress shall make no law respecting an establishment of religion[.]” This is known as the “Establishment Clause,” and to say it has long generated controversy is an understatement. The Establishment Clause has been interpreted so that states, and all other governmental entities (not merely...
Opinion
How 2 NC cases from 1869 will impact Trump’s ballot case
This Thursday, the US Supreme Court will hear oral arguments in Trump v. Anderson, involving whether or not Section 3 of the 14th Amendment excludes former President Donald Trump from the ballot. In many ways, the case has proven that necessity really is the mother of invention. Up until now, Section 3’s history has received...
Opinion
Standing and the NC Supreme Court: Rediscovering our legal heritage
Standing is probably one of the most disliked doctrines in American law. Basically, it requires private plaintiffs in federal court (most state courts, including in NC, have similar rules) to show that they have been individually harmed by an action before they can sue to stop it. Since it is a procedural limit, standing often...
Opinion
Courts do have role in redistricting
When the North Carolina Supreme Court issued its latest redistricting decision on April 28, both angry Democrats and triumphant Republicans declared that the court had removed itself from any oversight of the state’s electoral districts. That’s not what happened. Parties will continue to litigate congressional and legislative maps for years to come. And North Carolinians...
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
Judges cannot amend the constitution
Most of the nine justices on the United States Supreme Court espouse some version of the originalist school of constitutional interpretation. Starting early next year, most of the seven justices on the North Carolina Supreme Court will be originalists, too. I know many politicians and activists find these developments worrisome. Some are in a panic....
Opinion
Activist judges are silencing NC voters
Supreme Court Judicial Candidate Lucy Inman said in a recent interview when it comes to her rulings on the bench, she would “stand up for what is right.” In other words, her opinion will be the deciding factor, not the law. This alarming, bold admission shows judicial activism is becoming an accepted practice, and maybe...
Opinion
Economic liberty depends on judges who respect the Constitution
A lawyer who specializes in defending economic rights touts North Carolina's constitution and court precedents.
