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GOP
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Numerous state legislatures have been busy for years passing laws designed to make voting more difficult. But once in a while, some court says: "Nope." Such is the case in North Carolina. On Friday, the state Supreme Court struck down a voter-ID law. The Court said it was racially motivated and expressly designed to minimize the political power of Black voters.
The Court upheld the ruling of three-judge panel in an 89-page ruling that included the statement: "The provisions enacted ... were formulated with an impermissible intent to discriminate against African-American voters in violation of the North Carolina Constitution."
At issue was S.B. 824, which required every voter to present one of only a few forms of photo ID in order to vote. While many voters have at least one form, in practice the law had a greater impact on Black voters since a larger percentage of Black voters do not have a driver's license, a U.S. passport, or any of the other allowed forms of identification. The justices said that although requiring photo ID is neutral on its face, in practice it is discriminatory and the legislators knew that when they passed it.
How did the law come to pass? Well, the Republican-dominated legislature passed the ID law in 2018 but Gov. Roy Cooper (D-NC) vetoed it. Then the Republicans overrode his veto.
So voting is safe in North Carolina? Yeah, until January. Then the 4-3 Democratic majority on the Supreme Court will flip to 5-2 Republican. The state legislature might just then pass a new law, slightly different from the old one, and hope the new one passes muster with the new state Supreme Court. In fact, Michael Whatley, chairman of the state Republican Party, was enthusiastic about trying again as soon as the new Court is in place.
This is not the first time the current North Carolina Supreme Court has opposed the Republican-controlled legislature's attempts to pass laws intended for partisan gain. In Harper v. Hall, the Court struck down a gerrymandered state Senate district map that strongly favored the Republicans. Once the new Court is in place, expect all kinds of shenanigans from the legislature in an attempt to gain partisan advantage. However, the state Republicans are one vote short of the number they need to override the governor's veto in the state House. If all the Democrats in the state House stick together, Cooper will be able to veto bills he doesn't like and kill them. This will force the Republicans to negotiate with him. If one Democrat votes with the Republicans on any bill, however, the legislature will be able to override gubernatorial vetoes. In the state Senate, the Republicans have the votes to override vetoes. (V)