NCAE obtains temporary restraining order
Submitted by James on Mon, 01/09/2012 - 5:45pm
that blocks the state from moving forward with its plan to discriminate against teachers. Damn those activist judges for defending the constitution! Found on Facebook
Wow. Bob Orr is representing the teachers on this
Holy mackerel, I am trilled to see this.
The new director of the NCICL is saying the discriminatory law is not a problem. Former Justice Bob Orr, who recently left the Pope-funded think tank, is challenging the law in court.
Good on you, Mr. Orr. I'm very glad to see you unshackled.
Do good. Be nice. Have fun.
Binker, as usual, connects the dots
Check it out.
Do good. Be nice. Have fun.
Binker's story is updated
with links to the NCAE complaint and Stam's email trail where his staff built a house of cards to defend the GOP action.
My prediction: The legislative action will be declared unconstitutional, not because it discriminates against NCAE members, but because of the illegality of the vote in the House in the first place. Orr's brief demonstrates that it was clearly unconstitutional. Your tax dollars are already being spent defending these Republican assholes.
Do good. Be nice. Have fun.
Don't think the bill itself
Don't think the bill itself will be declared unconstitutional, NCAE is not mentioned. Also SEANC is reporting on their website that it affects nearly a 1,000 of their members who are in the school system. So probably the only legal question to be studied is if the session was legal, as you pointed out.
Categories
I think the test will be whether the state can discriminate for any reason in providing the "deducting" service to employees. There are a ton of other deductions (health care, retirement, etc.) already in place, all directed by individual employee as he or she wishes. The GOTP is arguing that this kind of discrimination has been in place all along as a matter of state policy.
Would be ironic if the outcome was a total prohibition on all deductions from state paychecks for any reason, including retirement, charitable contributions, etc.
If this was being tried in criminal court, the GOTP action would be considered a hate crime.
Do good. Be nice. Have fun.
PS If you read Bob Orr's document
referenced in Mark Binker's article, it seems very clear that the override vote itself was illegal. I'm not a lawyer, but reading the details outlined in the document suggests no ambiguity whatsoever.
Orr wouldn't have taken this on if he didn't consider the case to be ironclad.
Do good. Be nice. Have fun.
The bill itself is unconstitutional
It doesn't have to literally name NCAE and it's officers, etc. The targeted viewpoint discrimination and disparate impact is clear.
If fact, as the lawsuit notes, Tillis bragged about the disparate impact in the hot-mic caucus.
Hung by his own tongue.
But when you read the text of
But when you read the text of the bill, local school employees are singled out. Since all associations are losing payroll deductions access to local school employees but not to state agency employees, wouldn't local school employees have more standing in a lawsuit? Unless all the associations joined in the lawsuit?
Not meant to be argumentative, meant as legit questions.