Another pickle for Bob

Among the right's more colorful characters, former NC Supreme Court Justice Bob Orr stands distinguished, both in terms of intellect and good humor. After a career on the court, and a quixotic run for the Republican gubernatorial nomination, today he heads one of the smaller fiefdoms in Art Pope's Holy Empire, focusing his energies on matters of constitutional law in North Carolina. Said another way, he spends most of his time suing Democrats. And it seems he's looking for more opportunities.
“The governors, particularly beginning with Easley, and now with Gov. Perdue, seem to say, ‘I can do anything,’” Orr said. “I can go into this so-called Education Lottery Fund with money designated for capital construction, and I can go to the counties and take that money and move it over here. I can go into the Highway Trust Fund.”
This technical point might be better made less to partisan hyperbole. Even people who often agree with Orr (like me) will find his stretching a bit, well, stretched. Does Perdue really seem to say I can do anything? Hardly. She has made some tough and unpopular calls, and will either pay the price politically - or not.
“What we have seen is this sweeping effort on the part of the governor, this governor and others, to take money from one source and spend it on something he or she wants to spend it on,” he said. “I think that is fundamentally outside and beyond the limitations that this constitution provision provides.”
Sweeping? Really? From what I can tell, there are two specific instances of money transfers. Are there others? What are they?
That said, my favorite part of his recent interview has nothing to do with the issues at hand, but rather with claims of partisan independence.
“The institute in these five years has developed a reputation as independent, non-partisan and committed to the state constitution.” Orr said. “The word Democrat or Republican doesn’t appear in the state constitution.”
The challenge, Orr said, is finding the financial resources to continue to the work. The organization is funded by the John. W. Pope Foundation, but he wants to locate other financial backers. The institute is doing quality work and provides a vital service to the citizens of North Carolina, he said.
“We are, in some sense, a lone voice in the wilderness,” Orr said.
The word Republican may not appear in the state constitution, but it appears to be anchored solidly alongside Bob Orr's name. Or perhaps he's joined the ranks of the unaffiliated since his run for the gubernatorial roses?
Mr. Orr may be doing god's work in his own mind, but from where I sit, he's doing Art Pope's work. Funded by Pope family money, Orr has again gotten himself in a pickle. Mr. Pope is an extreme partisan, having proven he's willing to do and spend almost anything to secure a Republican legislative majority. In addition to funding the NC Institute for Constitutional Law, where Orr works, he also sits on the board.
I don't know of many potential contributors who would be comfortable supporting Orr's organization, knowing their money would be supporting Pope's radical right wing agenda. Bob Orr's not a lone voice in the wilderness, he's a hired gun.
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So what issues litigated by
So what issues litigated by the Institute for Constitutional Law do you disagree with, James? Let's see...perhaps the process of enacting the Lottery? No. James was in agreement with that suit. Corporate incentives like Dell? No, James also doesn't agree with those corporate giveaways. How about the June Atkinson, who's in charge of education case? Seems like James thought our duly elected Superintendent had been done wrong. And on the other issues mentioned in the article...does James support the transfer of moneys dedicated to construction projects for education or Clean Water Trust Funds to other purposes? How about cutting state employees' salaries while advocating and giving millions away in incentives to large corporations? If not, shouldn't the governor's actions at least be subject to scrutiny by the courts as to the scope of the governor's constitutional authority? So what exactly has the Institute for Constitutional Law done or advocated for that doesn't represent an effort to bring about open, honest government in NC? I can't think of anything.
What's your point?
I said clearly above that I agree with Orr on most issues. This post is about Bob's pickle. In my view, his main benefactor (Pope) is a barrier bringing other potential funders on board. Hell, I'd even consider supporting the Institute if it wasn't painted red.
Tell you what, the next time
a judge makes a ruling in a lawsuit that negates/undermines/reverses what a voter-elected body like the General Assembly or the Governor has implemented, before you start whining about "judicial activism" or "legislating from the bench", I want you to remember your post here.
The ability for the Governor
to make those hard choices in what to fund are important for the continued health of the state. Just look at the mess California is in when they have to put every penny's worth of budget on the ballot for the voters to decide. All due respect to voters, they can't be informed enough to make the tough calls. You end up in trouble really fast.
Progressives are the true conservatives.