State Judge Rules That the Entire NC Legislature is Illegitimate

jthomas666

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In a decision that stunned both parties, Judge G. Bryan Collins ruled last Friday that the state's lawmakers don't have the power to pass constitutional amendments. His reasoning traces back to racial gerrymandering.
On the plus side, anything the calls more attention to the travesty of gerrymandering is a good thing.

At the same time, the logical extension of the judge's ruling is that the legislature lacks the authority to do ANYTHING. Which, frankly, would have been hilarious. Did the judge not take that step because it wasn't in the scope of the case? Perhaps he wanted to make sure he wasn't labeled an activist judge.
 

twofbyc

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Activist to you, constitutionalist to me (Blue font).


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Tidewater

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On Friday, Wake County Superior Court Judge G. Bryan Collins struck down two constitutional amendments that had been approved by voters in November. One regarded voter ID requirements and the other a cap on state income taxes. The amendments had been placed on the ballot by the Republican-controlled legislature.
So, in effect, the judge declared the constitution unconstitutional?
And the offending amendments were approved by the voters of the state, yet this is undemocratic?
That seems a bit extreme.

(And none of this is an endorsement of gerrymandering, which I agree is a problem.)
 

bamacpa

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I've often referred to the Alabama legislature as illegitimate, in so many words.
 

NationalTitles18

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On the plus side, anything the calls more attention to the travesty of gerrymandering is a good thing.

At the same time, the logical extension of the judge's ruling is that the legislature lacks the authority to do ANYTHING. Which, frankly, would have been hilarious. Did the judge not take that step because it wasn't in the scope of the case? Perhaps he wanted to make sure he wasn't labeled an activist judge.
If it goes back far enough that means the judge's confirmation or election is illegitimate, so...
 

twofbyc

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Because of the recent “election tampering”, it seems like this mirrors somewhat a situation where a bad cop or forensic tech has been exposed for planting evidence or producing fake test results; it calls into question every case they were ever involved in, for legitimacy purposes.
The guy behind the voter fraud was a Republican operative, utilized by a Republican candidate. Since Republicans control every branch of government in NC, I could see where the judge had misgivings about how they were elected in the first place.
But this is extreme; maybe the judge views the voter fraud as just as extreme and it requires this type of ruling.
This is what happens when you cheat - not saying I agree with the ruling (I don’t) - you’ll always get caught and sometimes, you’ll tick off the wrong person so bad the punishment you receive far outweighs any benefits you received from the cheating.
Karma on steroids.


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