Insider Digest: Why Cooper and Stein’s legal brief was rejected

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This week, North Carolina’s Republican-majority Supreme Court will rehear two cases that were expedited last year when Democrats still held the court. The cases involve the constitutionality of political maps drawn by GOP lawmakers and the constitutionality of the state’s voter ID law. We could also see the General Assembly take up votes on Medicaid expansion.

Here are some of the past week’s highlights:

Cooper and Stein’s redistricting brief denied

By Avi Bajpai, 3/10/23

The North Carolina Supreme Court denied a motion Thursday by Gov. Roy Cooper and Attorney General Josh Stein to submit an amicus brief in the partisan gerrymandering case that the newly Republican-controlled court agreed to rehear last month at the request of Republican legislative leaders.

The two-page order, signed by Justice Trey Allen, stated that the two Democratic leaders’ motion had been denied under rule 31(d) of the state’s Rules of Appellate Procedure. Allen also signed another order denying a similar motion by the Brennan Center for Justice at New York University law school to submit an amicus brief in the case.

Rule 31(d) states that cases being reheard by the court “will be reconsidered solely upon the record on appeal, the petition to rehear, new briefs of both parties, and the oral argument if one has been ordered by the court.”

Responding to the court’s order, Cooper said on Twitter, “With each passing day, this partisan Supreme Court shows that it cares only about the views of Republican legislators. That comes at the cost of voting rights, school funding, and — ultimately — our democracy.”

Troxler requests more money for agriculture department

By Adam Wagner, 3/9/23

Agriculture Commissioner Steve Troxler told the House Agriculture Committee on Wednesday that he needs at least $7 million to help increase pay across his 2,033-person agency.

Troxler told the committee there are 278 vacancies and it’s taking longer and longer to find people to fill those jobs. When the department does find someone, Troxler said, they’re quickly recruited to the private sector or even to other public agencies that pay more.

“We’re training people for private industry. I think it’s a better investment to train them and keep them,” Troxler said.

Democrats push voting bills

By Heidi Perez-Moreno, 3/9/23

Democratic legislators filed bills in the House and Senate on Wednesday that they say would increase accessibility and transparency in North Carolina elections, including prohibitions on harassment of voters and election workers and a new process for online voter registration.

The bills are part of Democrats’ push to expand voter access and safety across the state and ensure voters are not excluded from the electoral process and disenfranchised.

“It is important that we have the citizens pick their leaders and not the other way around,” Sen. Kandie Smith, D-Pitt, said at a news conference. “Voting is a powerful tool — it’s our voice. It’s how our communities get to have a say in our government, health care, jobs, roads and schools.”

Teacher misconduct bill advances

By T. Keung Hui, 3/8/23

A House committee backed a bill that would increase the penalties for sex offenses with students as well as on school leaders who fail to report the misconduct. The “Protect Our Students Act” elevates sexual activity with a student or taking indecent liberties with a student from a Class I felony to a Class G felony for school employees.

House Bill 142 also makes it a Class I felony for school administrators who fail to promptly report to the State Board of Education any teacher who has engaged in misconduct resulting in dismissal, disciplinary action or resignation.

“I know some school administrators are concerned about the increase in the penalty,” Rep. John Torbett, R-Gaston, said at Wednesday’s meeting of the House Judiciary 1 Committee. “But ladies and gentlemen, very simply, If you are following the law you have absolutely nothing to worry about.”

House backs computer science bill

By T. Keung Hui, 3/9/23

The state House voted 115-2 on Wednesday to pass a bill that would require North Carolina students to pass a computer science class to graduate from high school.

House Bill 8 would make computer science a graduation requirement beginning with students who enter the ninth grade in the 2024-25 school year. The bill directs the State Board of Education to fit in the new requirement by reducing the number of electives students must take by one course.

High school soccer player’s case leads to legislation

By T. Keung Hui, 3/8/23

The N.C. House made a last-minute decision Wednesday to hold off on voting to appoint the state superintendent of public instruction as the final arbiter on high school athletic eligibility appeals.

Senate Bill 52 would empower the superintendent to hear appeals of decisions made by the State Board of Education’s interscholastic athletic appeals board. The provision was added to the bill when it was approved by the Senate in a 46-2 vote on Tuesday.

Sen. Michael Lazzara, R-Onslow, had introduced the amendment after the N.C. High School Athletic Association declared a local student academically ineligible to play soccer this spring despite having a 4.4 grade-point-average. NCHSAA only partially counted the three Advanced Placement courses she had taken in the fall when determining her spring eligibility.

This story was originally published March 13, 2023 at 9:00 AM with the headline "Insider Digest: Why Cooper and Stein’s legal brief was rejected."