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Calling Cooper "courageous," executive director of the state's ACLU noted that with this decision, the Democrat "has commuted more death sentences than any governor in North Carolina's history."
Death penalty abolitionists are praising former North Carolina Gov. Roy Cooper for one of his final actions in office: The Democrat on Tuesday commuted the sentences of 15 men on death row to life in prison without the possibility of parole.
Term-limited Cooper—who passed the torch to Democratic Gov. Josh Stein on Wednesday after eight years in office—announced the decision following a campaign by racial justice advocates and outgoing President Joe Biden's decision last week to commute the sentences of 37 people on federal death row to counter an expected killing spree under President-elect Donald Trump.
Although no executions have occurred in North Carolina in nearly two decades due to ongoing litigation, Cooper received clemency petitions from 89 of the 136 people on death row in the state, according to his office. After reviewing each case, the governor—who previously served as the state's attorney general for 16 years—granted 15.
"These reviews are among the most difficult decisions a governor can make, and the death penalty is the most severe sentence that the state can impose," Cooper said in a statement. "After thorough review, reflection, and prayer, I concluded that the death sentence imposed on these 15 people should be commuted, while ensuring they will spend the rest of their lives in prison."
Big news in North Carolina: Governor Cooper, on his final day in office, commuted the sentences of 15 people on death row. (That's roughly 10% of the state's row.) www.npr.org/2024/12/31/g... We had reported last year on the urgent campaign to get Cooper to commute on his way out:
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— Taniel ( @taniel.bsky.social) December 31, 2024 at 7:35 PM
Welcoming the announcement, Chantal Stevens, executive director of ACLU of North Carolina, said that "with this action, Gov. Cooper has commuted more death sentences than any governor in North Carolina's history and joins the ranks of a group of courageous leaders who used their executive authority to address the failed death penalty."
"We have long known that the death penalty in North Carolina is racially biased, unjust, and immoral, and the governor's actions today pave the way for our state to move towards a new era of justice," Stevens continued. "This historic decision, following President Biden's decision to commute the sentences of 37 people on federal death row, reflects growing recognition that the death penalty belongs in our past, not our future."
"With 121 people still on death row in our state, we know there is much more work to be done to realize that vision, and the ACLU of North Carolina will continue to advocate for the end of the death penalty once and for all," she added.
Thank you Gov. Roy Cooper for sparing 15 lives from the death penalty. The carceral system should not be allowed to use taxpayer dollars to put people to death – it's the cruelest and only irreversible punishment. #ncpol www.cbs17.com/news/north-c...
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— Prison Policy Initiative ( @prisonpolicy.bsky.social) December 31, 2024 at 4:32 PM
Stevens' group as well as the national ACLU's Capital Punishment Project, the Center for Death Penalty Litigation (CDPL), the Legal Defense Fund (LDF), and Durham attorney Jay H. Ferguson have represented Hasson Bacote, who brought the lead case challenging the death penalty under North Carolina's Racial Justice Act (RJA).
Bacote, a 38-year-old Black man convicted of first-degree murder in Johnston County in 2009, was among those who had their sentences commuted on Wednesday. According to Cooper's office, the other 14 men are:
"We are thrilled for Mr. Bacote and the other... people on death row who had their sentences commuted by Gov. Cooper today," said Cassandra Stubbs, director of the ACLU's Capital Punishment Project. "This decision is a historic step towards ending the death penalty in North Carolina, but the fight for justice does not end here. We remain hopeful that the court will issue a ruling under the state's Racial Justice Act in Mr. Bacote's case that we can leverage for relief for the many others that still remain on death row."
The North Carolina General Assembly passed the RJA, which barred seeking or imposing the death penalty based on race, in 2009. Although state legislators then repealed the law in 2013, the North Carolina Supreme Court ruled in 2020 that those who had already filed claims under it should still receive hearings.
Bacote's evidentiary hearing began last February, and the court heard closing arguments in August. LDF senior counsel Ashley Burrell noted Tuesday that "the RJA hearing demonstrated that racial bias infiltrates all death penalty cases in North Carolina, not just Mr. Bacote's and those in Johnston County."
Shelagh Kenney, deputy director of the Durham-based CDPL, similarly said that "Mr. Bacote brought forth unequivocal evidence, unlike any that’s ever been presented in a North Carolina courtroom, that the death penalty is racist."
"Through years of investigation and the examination of thousands of pages of documents, his case revealed a deep entanglement between the death penalty and North Carolina's history of segregation and racial terror," Kenney added. "We are happy Mr. Bacote got the relief he deserves, and we hope Gov. Cooper's action will be a step toward ending North Carolina's racist and error-prone death penalty for good."
NC Newslinereported that "the commutations came as inmates in North Carolina face a ticking clock on the death penalty, which has been on hold for nearly 20 years amid challenges to the punishment's legality. Should the courts in North Carolina rule against those challenges, executions could resume with haste, as dozens of the state's death row inmates have exhausted all other avenues for appeal."
Separately on Tuesday, Cooper announced commutations for 54-year-old Brian Fuller, who has served 27 years after being convicted of second-degree murder in Rockingham County, and 63-year-old Joseph Bromfield, 63, who has served 34 years after being convicted of first-degree murder in Cumberland County. They will both become parole eligible immediately.
Cooper also pardoned 43-year-old Brandon Wallace, who was convicted of conspiracy to traffic cocaine and marijuana in Lee County in 2007, and 53-year-old John "Jack" Campbell, who was convicted of selling cocaine in Wake County in 1984
The decisions capped off Cooper's two terms as governor, during which he often had to contend with Republicans' veto-proof legislative majorities. Due to that experience, the Democrat frequently faces speculation that he may pursue federal office.
"If you're going to run for public office again, you must have your heart and soul in it, you must have the fire in the belly," Cooper
toldThe Associated Press in December, explaining that he plans to spend the next few months considering his future. "I'm going to think about how I can best contribute to the things that I care about."
One advocate said the John R. Lewis Voting Rights Advancement Act is "critically important for Congress to pass at a moment in our history when the freedom to vote is under attack in our nation."
Civil and voting rights advocates on Thursday cheered the reintroduction of the John R. Lewis Voting Rights Advancement Act, legislation its sponsors say will "update and restore critical safeguards of the original Voting Rights Act."
Introduced by Sens. Dick Durbin (D-Ill.), Raphael Warnock (D-Ga.), Chuck Schumer (D-N.Y.), Cory Booker (D-N.J.), Laphonza Butler (D-Calif.), and Richard Blumenthal (D-Conn.), S.B. 4—a companion to H.R. 14, introduced last September—is named in honor of John Lewis, a late civil rights icon and longtime Georgia congressman. Republicans filibustered the previous iteration of the bill.
"In our nation, there's no freedom more fundamental than the right to vote," said Durbin. "But over the past several years, there has been a sustained effort to chip away at the protections guaranteed to every American under the Voting Rights Act. That's why we've joined together today to reintroduce a bill that would not only restore the protections of the Voting Rights Act, but strengthen it."
We just re-introduced the John R. Lewis Voting Rights Advancement Act. I’m joined by @SenSchumer, @SenatorWarnock, and civil rights group leaders now.
Our message it’s clear: we must ensure that democracy works for all of us. https://t.co/SH7ujaLfjw
— Senator Dick Durbin (@SenatorDurbin) February 29, 2024
Warnock said: "I was Congressman Lewis' pastor, but he was my mentor and hero because he believed voting is a sacred undertaking that's about more than a person's voice, it's about their humanity. That's why this legislation is more important than ever, because the fight to protect voting rights and voting access for every eligible American remains unfinished and even worse, so much of the progress Congressman Lewis fought for is being rolled back."
NAACP Legal Defense Fund president Janai Nelson called the bill "a vital piece of legislation that will safeguard the fundamental right to vote by strengthening and restoring the Voting Rights Act, one of the most impactful civil rights laws in our nation's history."
"It is fitting that this critical legislation is put forward as we approach the 59th anniversary of Bloody Sunday, when Black Americans—including civil rights hero John Lewis—endured brutal state-sponsored violence while marching for basic rights, which led to the enactment of the Voting Rights Act."
"The fight to protect voting rights and voting access for every eligible American remains unfinished and even worse, so much of the progress Congressman Lewis fought for is being rolled back."
The landmark VRA was meant to ensure that state and local governments could not "deny or abridge the right of any citizen of the United States to vote on account of race or color."
However, the VRA has been eroded in recent decades by Republican-controlled state legislatures across the country, including with restrictions on voter registration, reduction in early voting options, and voter identification laws. These measures disproportionately disenfranchise minority voters, and some GOP officials have admitted that they are intended to give Republican candidates an electoral edge.
In 2013, the U.S. Supreme Court dealt a major blow to the VRA in Shelby County v. Holder, which eviscerated a key section of the law that required jurisdictions with a history of racist disenfranchisement to obtain federal approval prior to altering voting rules. In 2021, the nation's high court voted 5-4 in Brnovich v. Democratic National Committeeto uphold Arizona's voting restrictions—even as Chief Justice John Roberts acknowledged that they disproportionately affect minorities.
"Since Shelby and more recently Brnovich v. DNC made it even harder to challenge discriminatory voting laws, states have continued to limit access to the ballot and use the redistricting process to dilute Black voters' voices," Nelson asserted. "States that were formerly protected—including Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Texas—are all places where LDF has been forced to bring recent litigation to challenge unlawful racial discrimination in voting."
Common Cause president Virginia Kase Solomón asserted that the protections proposed in the new bill "are critically important for Congress to pass at a moment in our history when the freedom to vote is under attack in our nation."
"A bedrock of our democracy, the freedom to vote has been under sustained assault since the 2020 election with dozens of anti-voter laws passed in states all across the country to make it harder for Americans—particularly in Black and brown communities—to have a say in choosing their elected leaders," she added.
Arturo Vargas, CEO of the National Association of Latino Elected and Appointed Officials, said in a statement that "in the Shelby decision, the U.S. Supreme Court acknowledged that there is still discrimination in our nation's electoral process—and this bill would provide strong and robust safeguards to combat it."
"We urge Congress to work in a bipartisan manner to pass the John R. Lewis Voting Rights Advancement Act and help make our democracy more responsive to all of our nation's voices," he added.
As the Alabama ACLU noted, the state must now create a second district "where Black voters have an opportunity to elect a candidate of their choice by the 2024 elections."
In a ruling hailed by civil rights defenders as a "win for Black voters," the U.S. Supreme Court on Tuesday
declined to intervene in a case in which Alabama Republicans are openly defying a federal court's order to redraw the state's racially gerrymandered congressional map.
Evan Milligan, the lead plaintiff in the case, applauded Tuesday's ruling—in which no justices publicly dissented—as a "victory for all Alabamians" and "definitely a really positive step."
The state's Republican policymakers "basically said if you were Black in Alabama, your vote would count for less," Milligan told The Associated Press. "It was our duty and honor to challenge that."
U.S. Rep. Terri Sewell (D-Ala.) described the decision as "another big win for Alabama's Black voters."
Sherrilyn Ifill, the former head of the NAACP Legal Defense Fund (LDF), called the ruling "huge."
"I am darned near tearful with pride," she wrote on social media. "It takes so much to litigate these cases—often before hostile courts, with opposition that is unprincipled, and with naysayers all around."
The Brennan Center for Justice's Michael Li said in a statement that "after a string of remarkable victories, Black voters in Alabama are closer than ever to winning relief from discriminatory maps."
A 2022 order by a federal district court ruled that a new congressional map approved by Alabama's GOP-controlled Legislature and Republican Gov. Kay Ivey after the 2020 census diluted Black voting power because it contained just one majority African-American district. The court—which found that the maps violated Section 2 of the Voting Rights Act and the 14th Amendment—ordered the state to create a new plan with two Black "opportunity districts."
Alabama appealed to the U.S. Supreme Court, which in June ruled 5-4 in Allen v. Milligan—with right-wing Justices John Roberts and Brett Kavanaugh surprising many observers by joining their three liberal colleagues in the majority—to affirm the lower court's decision.
In response to Allen v. Milligan, Ivey convened a special legislative session to make a new map, which she approved in July, declaring that state lawmakers know "our people and our districts better than the federal courts or activist groups."
Despite court orders, Alabama Republicans' new congressional map—the Livingston Congressional Plan 3—lacked a second majority Black district. The map's sponsor, state Sen. Steve Livingston (R-8), said U.S. House Speaker Kevin McCarthy (R-Calif.) told him that he was "interested in keeping my majority."
A federal three-judge panel consisting of two appointees of former President Donald Trump and one appointee of former President Ronald Reagan subsequently blocked the new map, writing that "we are deeply troubled that the state enacted a map that the state readily admits does not provide the remedy we said federal law requires."
On Monday, a special master appointed by the district court submitted three proposals for a new congressional map in Alabama. One of them will be chosen as the state's map for the 2024 elections. A three-judge panel has tentatively scheduled an October 3 hearing to consider the maps.
LDF president and director-counsel Janai Nelson said on social media that "all maps proposed by the special master would allow Black Alabamians the opportunity to elect a candidate of their choice in two congressional districts in the state."
Tuesday's ruling follows the Supreme Court's June decision to allow the redrawing of Louisiana's racially gerrymandered congressional map—a move that will add a second majority-Black district in the Southern state where 1 in 3 residents are African-American.
The ruling also comes amid a battle over Florida's congressional map, drawn by the office of Republican Gov. Ron DeSantis—a 2024 presidential candidate—and approved last year by the state's GOP-controlled Legislature. Earlier this month, a state judge ruled that the redistricting plan is an unconstitutional dilution of Black voters' ability to vote for the legislator of their choice and ordered the map redrawn.
The case will now head to the Florida Supreme Court, where a majority of justices are DeSantis appointees.