FALL 2022

CAPITOL BRIEFS

three pending cases which have not yet been resolved, two in the state courts and one in federal court. Voter ID will not be required in November 2022 because of the Holmes v. Moore case, where the North Carolina Court of Appeals blocked the law. This case is now with the North Carolina Supreme Court, where the plaintiffs are trying to get an expedited review so that the Democrat-majority court can issue an opinion before the election where they may lose the majority. In the second state constitutional case, NAACP v. Moore, the plaintiffs challenged the validity of the entire legislature. They argued that if some legislators were elected in unconsti tutional gerrymandered districts, the legislature should not have the power to approve laws or constitutional amend ments. In a 4-3 party-line vote, the NC Supreme Court agreed with many of the plaintiff ’s theories. The Court stated that the legislature should have had some authority which was needed to avoid “chaos and confusion in government,” but accepted the Plaintiff ’s idea that their authority should be restricted in certain areas. The case now goes back to the trial court for a new ruling based on the Supreme Court’s new guidance. The only remaining federal challenge to the constitutional amend ments is NAACP v. Raymond. The case was paused as the United States Supreme Court ruled on a motion to intervene by the legislature after the legislature accused the state attorney general of re fusing to vigorously defend the law. The United States Supreme Court C O N T I N U E D

John Cooper Connect C NORTH CAROLINA REPORT

The North Carolina General Assembly adjourned its scheduled August session without any votes and only a few committee meetings. The next session will be held September 20-22. Now is the best time to make contributions to those seeking State Senate and House offices. The General Assembly will continue to meet for a few days each month until the end of the year. If a compromise is reached on Medicaid expansion, a vote could occur on short notice. Otherwise, we expect the ses sions to continue without much activ ity. While the General Assembly has been out of town, there has been much activity in our courts which affect all North Carolinians. Dobbs v. Jackson Women’s Health Organization – Abortion Laws After the United States Supreme Court overturned Roe v. Wade ear lier in the year, the question of abor tion restrictions has been returned to the states. In the 1970s, the state of North Carolina passed a ban on abor

tions after 20 weeks with exceptions for the health and life of the mother. In 2019, this law was partially blocked by a federal court and prohibited from restricting any abortions “pre-viability.” After the recent U.S. Supreme Court decision in Dobbs v. Jackson Women’s HealthOrganizationwhich over-turned Roe v. Wade, the same federal court revisited its earlier ruling, and it lifted the injunction. Abortion is now illegal in North Carolina after 20 weeks except in cases where the health or life of the mother is in jeopardy. Holmes v. Moore, NAACP v. Moore, and NAACP v. Raymond – Voter ID and our State Constitution In 2018, the citizens of North Carolina voted to approve a consti tutional amendment which required voter identification at the polls, and another amendment which placed a cap on the state’s ability to tax income. When these amendments were implemented by the legislature in the next session, the NAACP and oth er groups challenged them according to several different legal theories. There