• John Locke Update

    NC Supreme Court at a Crossroads, Continued

    posted October 13, 2021 by Jon Guze
    A recent order by the North Carolina Supreme Court confirms that its four Democratic members may attempt to disqualify two of the court’s three Republican justices from a case seeking to nullify constitutional amendments voters approved in 2018. In addition to being unjustified and unprecedented, such a blatant act of partisan gamesmanship would seriously harm the court as an institution and permanently damage the reputations and electoral prospects of the justices involved. If successful, it would also effectively disenfranchise the millions of North Carolina voters who approved the constitutional amendments and elected the disqualified justices.
  • John Locke Update

    NC Supreme Court at a Crossroads?

    posted September 23, 2021 by Jon Guze
    The NAACP has asked the North Carolina Supreme Court to overturn the results of the 2018 election as they pertain to two constitutional amendments approved by the voters. It has been reported that the four Democrats on the court may try to disqualify two Republican justices from the case, a partisan attack that, in addition to being unjustified and unprecedented, would do lasting damage to the court as an institution and permanently damage the reputations and electoral prospects of the justices involved. If successful, such an attack would also have the effect of disenfranchising the North Carolina voters who approved the constitutional amendments and the voters who elected the disqualified justices.
  • John Locke Update

    It’s Time To Amend the Emergency Management Act

    posted April 15, 2021 by Jon Guze
    Reforming the Emergency Management Act is about good governance, regardless of who resides in the governor’s mansion. No individual should have the power unilaterally to deprive citizens of their liberty for an extended period. Reforms would still allow for rapid responses for true emergencies.
  • John Locke Update

    Why EMA reform is so urgent: Cooper’s abuse of emergency powers is a year old

    posted March 17, 2021 by Jon Sanders
    On March 17, 2020, Gov. Cooper used emergency powers to shut down restaurants and bars to in-person eating and drinking, and he did so without concurrence from the Council of State, as required by the EMA. Cooper then claimed authority elsewhere in state law, setting a dangerous precedent that legislators must fix by reforming the EMA.
  • John Locke Update

    It is time to end absentee ballot postmark games

    posted March 1, 2021 by Dr. Andy Jackson
    State law allowing ballots to be returned up to three days after election day if postmarked by election day creates confusion and opportunities for mischief. Those who vote by mail should submit their ballot by election day.
  • John Locke Update

    Time to amend the Emergency Management Act, Part Four

    posted February 4, 2021 by Jon Guze
    The North Carolina Emergency Management Act (EMA) delegates too much power to the executive branch and provides too little legislative guidance and oversight. This article proposes specific changes to the EMA to correct these deficiencies and restore the separation of powers guaranteed by the North Carolina State Constitution.
  • John Locke Update

    Time to amend the Emergency Management Act, Part Three

    posted January 26, 2021 by Jon Guze
    The first three counts are concerned with the discriminatory way Cooper has applied the Emergency Management Act. The last two counts, on the other hand, point to problems with the EMA itself — problems that can only be solved by amending the act.
  • John Locke Update

    Time for the General Assembly to put the brakes on collusive lawsuit settlements

    posted January 19, 2021 by Dr. Andy Jackson
    To protect us from collusive settlements designed to circumvent NC laws, especially election laws, the General Assembly needs to strengthen and clarify G.S. 1-72.2(b) so that judges cannot cut legislative intervening defendants out of the loop on such settlements. This brief explains why and how.
  • John Locke Update

    Will Josh Stein oppose the Texas election lawsuit?

    posted December 9, 2020 by Dr. Donald R. van der Vaart
    Iif the procedure for absentee ballots described above is to be changed, only the state legislature can do it under the U.S. Constitution. That did not happen in the states named in the Texas lawsuit — Michigan, Pennsylvania, Georgia, and Wisconsin. It didn't happen in North Carolina, either.

Legal Update by Author