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In an opinion by Justice Neil Gorsuch, the Supreme Court reversed that decision, finding that Federal Rule of Civil Procedure 24(a)(2) allows the lawmakers to intervene: Through the General Assembly, the people of North Carolina have authorized the leaders of their legislature to defend duly enacted state statutes against constitutional challenge. [read post]
28 Mar 2016, 7:06 pm by Brian Clarke
It has been an interesting week in North Carolina. [read post]
9 Jun 2021, 8:16 am by Howard Bashman
“Appeals Court Denies GOP Bid to Defend North Carolina Voter ID Law; A divided en banc Fourth Circuit ruled Republican state lawmakers cannot intervene to defend the North Carolina General Assembly in a challenge to the state’s controversial voter ID law”: Erika Williams of Courthouse News Service has this report on an 9-to-6 en banc ruling that the U.S. [read post]
2 Jul 2012, 3:27 pm by Chelsea Phipps
Twice the North Carolina General Assembly passed legislation to overhaul the 2009 Racial Justice Act, and twice Gov. [read post]
11 Oct 2021, 1:18 pm by Jamie Markham
Hilton, 2021-NCSC-115, the Supreme Court of North Carolina concluded that the same study cited by the General Assembly and another one entitled Sex Offenders Monitored by GPS Found to Commit Fewer Crimes “demonstrate that SBM is efficacious in reducing recidivism. [read post]
24 Apr 2012, 12:21 pm by Shamus Williams
The North Carolina General Assembly convened as scheduled for a special session on April 23, 2012. [read post]
24 Jul 2019, 1:30 pm
But the leaders of the General Assembly, who passed H.B. 2 and H.B. 142, refused to sign on. [read post]
25 Apr 2019, 5:30 am by Joseph J. Lazzarotti and Maya Atrakchi
The much-anticipated amendment to North Carolina’s data breach notification law that we reported on earlier this year (see here) has finally been introduced to the state’s General Assembly. [read post]
22 Feb 2021, 5:09 pm by Shea Denning
These judges (there currently are 12) are appointed by the Governor and must be confirmed by the General Assembly. [read post]
15 Jul 2009, 8:02 am
The bill, SB 461 in the North Carolina General Assembly, faces a second vote in the House chamber today. [read post]
4 Jun 2019, 7:14 am by John Rubin
It is difficult to imagine that the General Assembly intended to eliminate that common law doctrine. [read post]
29 Aug 2018, 8:36 am by Lawrenz Fares
… To the extent allowing the General Assembly another opportunity to draw a remedial plan would further delay electing representatives under a constitutional districting plan, that delay weighs heavily against giving the General Assembly another such opportunity. [read post]
Historically, the majority detailed: Courts presume that an act of the General Assembly is constitutional, and any challenge alleging that an act of the General Assembly is unconstitutional must identify an express provision of the constitution and demonstrate that the General Assembly violated the provision beyond a reasonable doubt. [read post]
26 Jun 2011, 11:00 am by medmalattorney
The bill, which could still become law if the NC General Assembly overrides the veto, would also make it more difficult for plaintiffs in medical malpractice lawsuits. [read post]
21 Jan 2007, 4:01 pm
The North Carolina General Assembly opens its 2007 session later this week. [read post]
14 Sep 2011, 3:58 pm by jleaming@acslaw.org
by Jeremy Leaming Tired rhetoric about the alleged dangers of state recognition of same-sex marriage was, perhaps not surprisingly, heavily bandied about during the North Carolina General Assembly’s debate to place a constitutional amendment before voters next year to make doubly certain that the state cannot recognize same-sex marriage (the state already has a law on the books banning gay couples from wedding). [read post]
26 Oct 2017, 6:06 pm by Kelly B. Cullen
The North Carolina General Assembly redrew the districts over the summer after a unanimous panel concluded that twenty-eight districts were racially gerrymandered in violation of the Equal Protection Clause of the Fourteenth Amendment [LII materials]; a ruling affirmed [SCOTUSBlog Materials] by the Supreme Court. [read post]
20 Jan 2021, 6:00 am by Tom Thornburg
The inquiry we received pointed to North Carolina General Statute Section 14-51, reproduced below. [read post]