The Usurpers, revisited

"If the usurper legislature does attempt to override the veto," Carter wrote in the letter dated Friday, "it opens itself up to litigation wherein the North Carolina State Courts may be asked to issue a declaratory judgment that the law is facially unconstitutional and void ab initio."

In an effort to block the legislature from allowing widespread polluting of our rivers, the Southern Environmental Law Center has challenged the very legitimacy of more than 75% of the Senate and roughly 66% of the House. That's the number of legislative districts that must be redrawn because of the US Supreme Court's Covington ruling.

Why is SELC doing this? Because most of those in office were elected using districts the courts have found invalid. And according to North Carolina law, any legislation passed taken by officials AFTER a court finds them improperly elected ... any legislation! ... is null and void. The official date of their illegitimacy is June 30, 2017, the day the Covington judgment was handed down.

Happily, North Carolina law also has a word for such dastardly fellows. They are called Usurpers, a fitting name if ever there was one.

Every public interest group that has issues being addressed by the legislature should be on them like stink on a skunk. They should be challenged at every turn on every action they try to take. There is a good chance that nothing they do is legitimate. Sue the hell out of them.

This is not an issue with federal jurisdiction. It's only about the state constitution and state law.

What are Republicans saying as defense? They argue that they've been behaving in good faith.

"In general, the legal principle of good faith is applied," McLennan said. "If you’re elected with the maps, then you were elected in good faith, and therefore, you legislate in good faith. To void any kind of action, even though the courts have said the maps themselves are unconstitutional, nowhere in the country have I ever seen that happen."

There's a whole mess of stuff I've never seen happen in our country before, but it's happening now. It's time for the courts to step up and behave like a co-equal branch of government.

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Comments

"Fruit from the poisonous tree"

There is definitely a legal basis for claiming Legislation passed by an unconstitutionally elected body should be null and void. If proper procedure isn't followed from the beginning, whatever results are achieved are (and should be) suspect.

Republicans have made a habit of fucking things up, and then moving forward like nothing happened. But these things are linked, no matter how much they would like to separate them.

It's not debatable

The law specifically says that officials who are judged to have gotten their positions illegally are ineligible to act in any way. Barber made this case, and now SELC is following suit. I would love to see this go in front of the North Carolina Supreme Court. I'm guessing they would tell 75% of the legislature to fuck off.