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north carolina
'This Should Make Your Blood Boil': Top NC Court Blocks Certification of Democratic Justice's Win
One journalist warned that the state court "laid the groundwork for potentially overturning the election" in favor of Democratic Associate Justice Allison Riggs' GOP challenger, Jefferson Griffin.
Jan 07, 2025
Democracy defenders across the United States on Tuesday responded with alarm to Republicans on the North Carolina Supreme Court blocking certification of incumbent Democratic Justice Allison Riggs' November victory to review GOP challenger Jefferson Griffin's attempt to toss out over 60,000 votes.
Over 5.5 million people voted in the election, and after two recounts, Riggs is ahead by just 734 votes. Griffin, a judge on the state Court of Appeals, has been contesting the results for weeks. The North Carolina State Board of Elections moved the case to federal court, but U.S. District Judge Richard E. Myers II—an appointee of Republican U.S. President-elect Donald Trump—sent it back to the state judicial system on Monday.
Although the board notified the North Carolina Supreme Court that it intended to appeal Myers' decision—and it did so later Tuesday—four of the five Republican justices still granted the temporary stay and wrote in their order that "in the absence of a stay from federal court, this matter should be addressed expeditiously because it concerns certification of an election."
"The Republican-led North Carolina Supreme Court is now attempting to give itself sole power to decide its next member rather than the North Carolina voters who unquestionably elected Justice Riggs."
Riggs did not participate in the Tuesday decision due to her involvement with the case. The court's only other Democrat, Justice Anita Earls, dissented—arguing that Griffin's motion is "procedurally improper," and even if it were not, his request "should be denied because he has failed to meet the standard for granting preliminary relief."
"Griffin seeks to retroactively rewrite the rules of the election to tilt the playing field in his favor. His filings amount to a broadside legal attack, raising a laundry list of statutory and constitutional objections to long-established election laws," Earls wrote, calling out the high court's "indulgence of this sort of fact-free post-election gamesmanship."
Republican Justice Richard Dietz also dissented, citing "our state's corollary to a federal election doctrine known as the 'Purcell principle'" and warning that "permitting post-election litigation that seeks to rewrite our state's election rules—and, as a result, remove the right to vote in an election from people who already lawfully voted under the existing rules—invites incredible mischief."
Attorneys, journalists, Democratic leaders, and political observers in North Carolina and across the country were similarly critical.
With its stay and schedule for filings over the next few weeks, "the state's highest court laid the groundwork for potentially overturning the election and handing the seat to Riggs' GOP challenger," wrote Ari Berman, Mother Jones' national voting rights correspondent.
Berman also laid out some long-term and national impacts of this battle:
Riggs' victory would give Democrats a shot at retaking the court's majority after 2028. That would allow them to oversee the state's redistricting process in 2031. That is particularly consequential because the current majority on the court upheld heavily gerrymandered maps drawn by the Republican-controlled state Legislature that allowed Republicans to pick up three U.S. House seats in November—just enough to maintain control of the chamber and ensure one-party rule in D.C.
Democratic elections lawyer Marc Elias declared on social media Tuesday that "the GOP is mounting the largest, most brazen post-election disenfranchisement effort since Trump's frivolous litigation in 2020. This time, however, they may get away with it and the legacy media is largely asleep."
Former U.S. Attorney General Eric H. Holder Jr., who is now chair of the National Democratic Redistricting Committee, called the state court's actions "alarming" and stressed that "the vote is the voice and the power of the people. It is not for a court to decide the outcome of an election. In a functioning democracy the will of the people—as expressed in an election—prevails."
"Should the North Carolina Supreme Court throw out lawful ballots, it could potentially overturn the results of a free and fair election—achieving the same goal as those who perpetuated a violent coup attempt on our nation's capitol just four years ago," he said, referring to the January 6, 2021 insurrection. "This must not be tolerated."
"I am concerned that the very recent actions of the court presage a continued diminution of a democracy already under attack in North Carolina," he added. "The arrogant, anti-democracy move to stop the certification of a free and fair election while this court considers whether or not to throw out 60,000 lawfully cast ballots underscores that."
The News & Observer reported Tuesday that "the vast list of challenged voters ensnared people from assistants to state lawmakers to Riggs' own parents."
According to the North Carolina newspaper:
A News & Observer analysis of the challenges found that Black voters were twice as likely to have their votes challenged as white voters.
The challenge that affected the largest number of voters was Griffin's argument that voters who did not have a driver's license number or Social Security number on file should not have been allowed to vote.
State election officials say there are myriad reasons a voter may not have those numbers in the database—many of which are no fault of their own. But Griffin argued it could lead to ineligible voters being able to cast a ballot.
Former Democratic Gov. Roy Cooper, who left office earlier this month after two terms, said Tuesday that "Riggs won and the recount confirmed it. Republicans want to toss thousands of legal votes in the trash because they don't like the outcome. This shouldn't be about party politics—this should be about making sure every vote counts and that our elections still mean something."
The battle over the North Carolina Supreme Court is part of what The New York Timesdescribed as "the bar-fight nature of politics in the state," where voters in November also elected Democratic Gov. Josh Stein to succeed term-limited Cooper and ended the GOP supermajority in the General Assembly—leading to last-minute attempts by Republican lawmakers to limit Stein's power.
Vowing that the North Carolina Democratic Party "will continue to fight for justice," its chair, Anderson Clayton, said in a Tuesday statement that Riggs "won her seat fair and square" and "deserves her certificate of election."
"We are only in this position due to Jefferson Griffin refusing to accept the will of the people," Clayton added. "He is hell-bent on finding new ways to overthrow this election but we are confident that the evidence will show, like they did throughout multiple recounts, that she is the rightful winner in this race."
The outgoing Democratic National Committee (DNC) chair, Jaime Harrison, also weighed in, blasting "what has become a monthslong, anti-democratic campaign at taxpayers' expense against Justice Allison Riggs."
"The Republican-led North Carolina Supreme Court is now attempting to give itself sole power to decide its next member rather than the North Carolina voters who unquestionably elected Justice Riggs," he said. "Make no mistake—these craven attacks on North Carolina voters are an affront to this country's foundational values of democracy and the rule of law."
Harrison also pointed to Trump supporters' deadly invasion of the U.S. Capitol in 2021, saying that "one day after the four-year anniversary of January 6, Republicans are once again attempting to overturn an election in plain sight."
Ben Wikler, who is running to be the next DNC chair, said Tuesday that "the crisis of democracy didn't end with Trump's victory—it got worse. When North Carolina's state Supreme Court is blocking certification of a state Supreme Court election, the house is on fire."
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'Historic': NC Gov. Cooper Commutes 15 Death Sentences
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."
Jan 01, 2025
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:
- Iziah Barden, 67, convicted in Sampson County in 1999;
- Nathan Bowie, 53, convicted in Catawba County in 1993;
- Rayford Burke, 66, convicted in Iredell County in 1993;
- Elrico Fowler, 49, convicted in Mecklenburg County in 1997;
- Cerron Hooks, 46, convicted in Forsyth County in 2000;
- Guy LeGrande, 65, convicted in Stanly County in 1996;
- James Little, 38, convicted in Forsyth County in 2008;
- Robbie Locklear, 52, convicted in Robeson County in 1996;
- Lawrence Peterson, 55, convicted in Richmond County in 1996;
- William Robinson, 41, convicted in Stanly County in 2011;
- Christopher Roseboro, 60, convicted in Gaston County in 1997;
- Darrell Strickland, 66, convicted in Union County in 1995;
- Timothy White, 47, convicted in Forsyth County in 2000; and
- Vincent Wooten, 52, convicted in Pitt County in 1994.
"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."
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Small Town Sues Utility for Climate Deception
"We have to speak truth to power as we continue to fight the existential threat that is climate change," said the mayor of Carrboro, North Carolina.
Dec 04, 2024
The town of Carrboro, North Carolina filed a lawsuit Wednesday accusing the utility company Duke Energy of carrying out a "knowing deception campaign concerning the causes and dangers posed by the climate crisis."
The municipality—which is near Chapel Hill and is after compensation for damages it has suffered or will suffer as a result of the alleged deception campaign—is the first town in the United States to challenge an electric utility for public deception about the dangers of fossil fuels and seek damages for the harms those emissions have created, according to the town's mayor, Barbara Foushee.
The case was filed in North Carolina Superior Court and argues that Duke Energy has engaged in a "greenwashing" campaign to convince the public it sought to address the climate emergency.
"In reliance upon these misrepresentations, the public has continued to conduct business with Duke under the mistaken belief that the company is committed to renewable energy," according to the filing.
"We have to speak truth to power as we continue to fight the existential threat that is climate change. The climate crisis continues to burden our community and cost residents their hard-earned tax dollars," said Foushee, according to a press release.
Mayor Pro Tem Danny Nowell added that "it's time for us to hold Duke Energy accountable for decades of deception, padding executives' pockets while towns like ours worked to mitigate the harmful effects of climate change. This suit will allow the Town of Carrboro to invest new resources into building a stronger, more climate-resilient community, using the damages justly due to our residents to reimagine the ways we prepare for our climate reality."
According to the lawsuit, Carrboro will be forced to spend millions of dollars either repairing or shoring up public infrastructure as a result of more frequent and devastating storms, which scientists agree are caused by climate change.
The complaint comes not long after the release of a report, Duke Energy Knew: Documenting the Utility’s Early Knowledge and Ongoing Deception About Climate Change, from the Energy and Policy Institute, a watchdog group. According to the report, Duke Energy well understood the risks posed by burning fossil fuels as far back as the 1960s, but chose to take part in promoting disinformation about climate science. In more recent years, the utility continued to pursue fossil fuels while blocking renewable energy development, according to the report's authors. Much of this research is referenced in the lawsuit.
As one example of its "deception," the lawsuit points to Duke Energy's participation in the the Global Climate Coalition, an entity created with the intent of opposing action to curb the climate crisis.
Duke Energy was the third largest emitter of greenhouse gasses in 2021, according to a breakdown from the Political Economy Research Institute at the University of Massachusetts, Amherst, which ranked U.S. companies in terms of their CO2-equivalent greenhouse gas emissions.
More than 20 states, tribes, cities, and counties have brought similar climate deception lawsuits. Maine, for example, recently became the ninth state to sue a major oil and gas company for deceiving the public about its products' role in the climate crisis.
"We’ll soon have a climate denier-in-chief in the White House, but Carrboro is a shining light in this darkness, taking on one of the country's largest polluters and climate deceivers," Jean Su, energy justice director at the Center for Biological Diversity, said in a press release. The Center for Biological Diversity is advising on the case.
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