NC Supreme Court

Just the fact that they're willing to hear it is not good:

The North Carolina Supreme Court has agreed to determine whether the state can deny at-risk children access to public pre-kindergarten programs. The state Court of Appeals unanimously upheld Manning's ruling last August, saying that state can't erect artificial barriers to N.C. Pre-K. State lawmakers appealed the ruling, and the Supreme Court allowed the petition for discretionary review.

What probably won't be discussed by this august body is how the Republican-led General Assembly is actively pushing tens of thousands of North Carolina families into (or deeper into) poverty, vastly increasing the number of our children at risk. But what is pertinent to this case is how the petition filed by Roy Cooper is fundamentally flawed:

Begging the obvious question, what are you trying to hide?

The North Carolina Supreme Court sided Friday with legislative leaders who withheld emails and other documents between them and state-funded private attorneys about redistricting maps approved in 2011, ruling that those documents can be confidential. Rep. David Lewis, R-Harnett, who was chairman of the House Redistricting Committee when the maps were drawn, praised the ruling Friday. "It's very important for individuals to have the common-law right afforded to them of being able to have confidential communications with their attorneys," he said.

Pay attention, Einstein: as a taxpayer, I paid those attorneys, making me the client, and I want to see those damn e-mails. By withholding those e-mails from me and my fellow taxpayers, you're not only concealing your apparently questionable behavior, you're also violating our attorney-client privileges.

First, a few words from Justice Paul Newby's sponsor:

Whereas candidates and their committees can accept only $5,000 from individual donors in an election year12 and cannot receive moneys from corporations, unions, or associations, super PACs can accept money from any type of donor (corporation, union, or private individual) without any limit on the amount donated and can spend that money without limit to promote the election or defeat of specific candidates.

That's excerpted from a Federalist Society's white paper, in which the author expends much effort trying to convince the reader that huge campaign expenditures by super PACs are actually a good thing, since it helps educate us idiots better:

Republicans are whining again that mean old Governor Perdue is planning an appointment to fill the recently vacated seat on the North Carolina Supreme Court ... gasp ... instead of handing the task over to His Magnificent Presence. She should move ahead with her plans no matter what.

Timmons-Goodson announced her resignation last week, and Perdue has expressed an intention to fill the seat before Republican Gov.-elect Pat McCrory takes office in January.

That would probably require Perdue to dispense with the 18-member commission for nominating judges. Perdue’s own executive order calls for the governor to choose from among three candidates nominated by that commission. People close to the nominating process say it would probably take longer than the four weeks remaining until McCrory’s inauguration.

As we know, Art Pope has already set the bar for what it takes to be on the NC Supreme Court, having purchased a leather-covered seat last month for Paul Newby. That said, Governor Perdue may need a little help in finding the best person to fill the empty spot. There are many good options.

The obvious choice is Sam Ervin, who would have won the election in November if Pope hadn't intervened. If Ervin isn't interested, an equally powerful choice would be North Carolina's progressive hero, Gene Nichol. In either case, we don't need a nominating committee or a long, drawn out process. We need an appointment, not a bunch of drama, and we need it now.

Another voice of reason gone missing from the docket:

N.C. Supreme Court Justice Patricia A. Timmons-Goodson will resign her seat on the state’s highest court, The News & Observer has learned. Timmons-Goodson is the first African-American woman to sit on the court. She was appointed by former Gov. Mike Easley in early 2006 and then won election that November with 58 percent of the vote. Her eight-year term was to run through 2014.

To give you an idea of what we'll be missing, here's an excerpt from a dissent she wrote defending the rights of a maliciously abused employee:

This ain't helpin' your image, pal:

Rogers repeatedly assured investors he expects N.C. Utilities Commission members to treat Duke fairly in rate cases and other issues despite current anger over Duke's surprise decision to oust Bill Johnson as CEO. And he said if Duke cannot get proper regulator treatment, “we might not be headquartered in North Carolina in the near future.”

"Fair treatment" is a subjective and relative activity, Jimbo. When a convicted felon is released from prison, his activities are both limited and monitored. By the same token, when a businessman takes a step that calls his integrity into question, he should expect closer scrutiny in the future. It may not seem fair, but it is.

Making me wonder even more about where Paul Newby's shadowy PAC money came from:

The N.C. Supreme Court on Tuesday will hear Attorney General Roy Cooper’s claim that economic pain to customers wasn’t fully considered in Duke Energy Carolinas’ latest rate hike. Cooper is challenging a key factor in utility rates: Called the rate of return on equity, or ROE, it’s the profit margin utilities are allowed to earn on capital investments.

Highlighting another glaring contradiction between the faux-Libertarian John Locke Foundation and their supposed principles. The State guaranteeing profits for one corporation (especially during a recession) is the anti-thesis of a free market. They whine like puppies about the REPS, but don't make a squeak about this or CWIP (Construction Work in Progress), which allows utilities to charge us for power that isn't even being generated yet. Total ideological fail.

If you're still trying to decide between incumbent state Supreme Court Justice Paul Newby and challenger Judge Sam "Jimmy" Ervin IV on the state Court of Appeals, Campbell law school will host a forum at noon Thursday at the school.

The hour-long event will allow both candidates to present their qualifications and take questions. It's open to the public.

From the N&O site here.

Campbell Law School is located in an office building in the middle of downtown Raleigh just across Hillsborough Street from the Goodwin house. Parking is limited.

Church Elder Paul Newby defines his decision-making process:

So, I think most importantly, it is as I said, conscientiously before God, I will perform the duties of my office. And certainly I understand whether it's Jefferson in the Declaration of Independence, whether it's the preamble to our state constitution ... 'all' means all, and our rights come not from the government, or the Bill of Rights or the Constitution, but our rights come from our creator."

In Western civilization anyway, most of the rights we attribute to a free society weren't really formulated until the 16th Century. They might have been developed sooner, but religious leaders of the time worked hand-in-hand with monarchs to preserve their respective power bases. Not to mention, if those rights did come from the Creator, why did this entity wait for 1,500+ years to put them in place? And what about these "rights":

I guess educating voters doesn't include telling them where the money came from:

The incumbent candidate in the race for a state Supreme Court seat said a political action committee’s advertisements on his behalf are a way to educate the public about the state’s judicial system.

Oh, it's educational all right. We learn that seats on the state's highest court are for sale, no questions asked. GOP hypocrisy: You should show an ID to vote, but you don't have to show an ID if you want to buy a judge. Forget about tv ads for a moment, and compare how many times Newby mentions God vs the Constitution: