Wednesday, June 4, 2014

North Carolina General Assembly establishes 3 judge panel to hear challenges to its unconstitutional laws

During its horrendous session, the  North Carolina General Assembly passed a number of horrible bills.  This isn't surprising given the "race to the bottom" mentality of our current government.  One law in particular rankles me more than others.  Revisions to Article 26A of the North Carolina General Statutes changes the law to where ALL challenges to state statutes are heard by a 3 judge panel appointed by the North Carolina Supreme Court Chief Justice.  Prior to this bill only redistricting cases were heard in this manner, and that was bad.

This sounds like a separation of powers issue to me.  Likewise, it is a stupid law.  How do we know the Superior Court judges picked are fair and impartial?  We don't.  That's the problem.  Essentially this makes it very difficult to challenge any state statute, and there are many statutes that need to be challenged and thrown out.

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