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PAYOUTCOME OF N.C. SUPREME ATTENTION! COURT RACES COULD ALTER POLITICAL LANDSCAPE FOR YEARS

ing alley reopening lawsuit olinians in the years ahead, — that they’re likely to side says Jon Guze, director of le- with Cooper. gal studies at the John Locke But on Nov. 3, the pow- Foundation. er dynamics might shift. “Voters need to remem- KARI TRAVIS Three seats on the N.C. Su- ber that the North Carolina ASSISTANT MANAGING EDITOR preme Court are in conten- Supreme Court has become a tion, and three Republicans superlegislature,” Guze said. are jostling with Democrats “As a result of judicial doc- he most important for a place on the bench. GOP trines adopted in the second elections in North Car- candidates are a team, and half of the 20th century, the olina are the races for they’re running under one court now has the power to the N.C. Supreme Court. brand. uphold facially unconstitu- TSo pay attention! Conservatism. tional laws if a majority of Judges are easily forgot- Supreme Court Justice the justices approve of them ten amid presidential cam- Paul Newby, the only remain- on policy grounds, to strike paigns and an- ing Republican on the court, down facially constitution- tics. Media obsessions and is running for the court’s top al laws if a majority of the arguments over COVID-19 job against current seat hold- justices disapprove of them add to the din. But in a year er — and Cooper appointee on policy grounds, and to when so many freedoms are — Chief Justice Cheri Beas- change the meaning of laws suffocated by Democratic ley. Court of Appeals Judge — and of the Constitution —

Gov. ’s arbitrary Phil Berger Jr., a Republican in order to advance the ma- NEWBY PAUL COURTESY mandates, the only path to and the son of the N.C. Sen- jority’s policy preferences.” LONE CONSERVATIVE. Justice Paul Newby is the only remaining Republican on the North Carolina defend those freedoms is ate leader, is running against Even a four-member ma- Supreme Court. Democrats hold a 6-1 majority on the state’s highest court, but in this year’s elec- through the courts. fellow Appeals Court Judge jority on the seven-person tion, Republicans could tilt the scales in their favor. So far, that path has of- Lucy Inman for Newby’s va- Supreme Court wields more fered no relief to North Car- cated seat. Former Republi- power than the General As- olinians, who want only to can state Sen. Tamara Bar- sembly and the governor Current Makeup of North Carolina Supreme Court open their businesses and ringer of Wake County is fac- combined, Guze said. exercise their freedoms. ing off against Justice Mark The fate of Opportunity Three seats on the court are up for grabs Nov. 3 That’s because all state Davis, a Democrat appoint- Scholarships, redistricting, court battles end in the ed to the court by Cooper in and voter ID — to name a few state’s highest court, where 2019. issues — will be decided by Democrats hold a 6-1 major- The outcome of judicial those judges we elect Nov. 3. ity. Those judges have shown elections will determine the continued PAGE 10 — most recently in a bowl- laws governing North Car-

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FROM THE PUBLISHER The confessions of a judiciary junkie PUBLIC OPINION POLL PUBLISHER Amy O. Cooke @therightaoc North Carolina Judicial Elections EDITOR-IN-CHIEF he 2016 presidential Rick Henderson campaign turned me into @deregulator a judiciary junkie. As Democrats force-fed the Ameri- If the 2020 election for state Supreme Court were MANAGING EDITOR Tcan public an unhealthy diet of held today, would you vote for the Republican John Trump identity politics, voters like me candidate, or for the Democratic candidate? @stillnbarrel quietly became champions of the ASST. MANAGING EDITOR judicial branch. While we didn’t know how Donald Trump would Kari Travis By Party @karilynntravis govern, we did know his judi- cial philosophy when he wisely ◼ REPUBLICAN CANDIDATE 43% EXECUTIVE EDITOR released his list of potential DEMOCRATIC CANDIDATE 43% 6-1 PROGRESSIVE MAJORITY. ◼ Don Carrington Supreme Court nominees. ◼ OTHER PARTY <1% [email protected] Four years later, Trump’s policy Despite losses at the federal level, Democrats have secured a 6-1 ◼ NEITHER 1% positions aren’t secret, and I agree majority on the N.C. Supreme Court. UNDECIDED 13% ASSOCIATE EDITORS with most of them. Yet I’m still ◼ Julie Havlak focused on the judiciary. Although @juliehavlak not quietly, and not just the U.S. minds, threatening impeachment, Mitch Kokai Supreme Court, because in North court packing, burning down the @mitchkokai Carolina we vote directly for our country, blowing up the system, Lindsay Marchello state Supreme Court justices. adding new states, eliminating If the election for N.C. Supreme Court chief justice @LynnMarch007 The recent death of Justice Ruth the Electoral College — any- were held today, would you vote for Republican Bader Ginsburg thrust the U.S. thing and everything to stop the Paul Newby or for Democrat Cheri Beasley? DESIGNER Supreme Court into the headlines. president from doing his con- Greg de Deugd Already having two of his nom- stitutional duty. None of this is [email protected] inees confirmed to the Supreme new. Democrats want to hold our By Candidate Court, Trump will do his consti- constitutional republic hostage PUBLISHED BY tutional duty and nominate a because they failed to win crucial ◼ DEFINITELY NEWBY 20% The John Locke Foundation replacement, as President Obama elections at critical times. ◼ PROBABLY NEWBY 18% 4800 Six Forks Road, #220 did in 2016 when Justice Antonin Despite losses at the federal lev- ◼ DEFINITELY BEASLEY 40% Scalia died. (The president had el, Democrats have done well in- ◼ PROBABLY BEASLEY 4% not announced his nominee as fluencing the N.C. Supreme Court. UNDECIDED 18% this column was finished.) Over a couple of election cycles, ◼ Raleigh, N.C. 27609 Democrats probably realize run- the left has secured a partisan 6-1 (919) 828-3876 • Fax: 821-5117 ning on identity politics in 2016 progressive Democrat majority. www.JohnLocke.org was a political miscalculation. continued PAGE 20 John Hood Now they’re losing their collective Chairman For a discussion of this poll see Harper Polling, on behalf of the Civitas Institute, Donald Bryson’s column on: surveyed 612 likely N.C. voters Sept. 17-20. The margin of Bill Graham, John M. Hood COMMENTARY BY JOHN HOOD error is plus or minus 3.96%. Due to rounding, the total Ted Hicks, Christine Mele, PAGE 20 percentages of responses may not equal 100%. Rodney C. Pitts, Paul Slobodian David Stover, Edwin Thomas Cooper faces test Board of Directors

ISSN 2578-8167 Carolina Journal is a monthly journal of news, analysis, on voter ID Graduation rates and commentary on state and local government and public policy issues in North Carolina. have repeatedly criticized mate legislature,” Cooper’s attor- continue to increase ©2020 by The John Locke Founda- Roy Cooper’s troubling neys argued in a brief they filed tion Inc. All opinions expressed in by- efforts to amass power in the last year in favor of litigation to lined articles are those of the authors HIGH SCHOOL and do not necessarily reflect the governor’s office at the expense strike down two newly added graduation rates views of the editors of CJ or the staff of other elected state leaders, provisions to the N.C. Consti- increased again this year, going and board of the John Locke Founda- I local governments, and private tution that cap the income-tax from 86.5% in 2019 to 87.6% in tion. Material published herein may 87.6% be reprinted as long as appropriate citizens. rate and institute a photo ID 2020. The graduation rate for all credit is given. Submissions and let- What I have done too little of, requirement for voting. subgroups exceeded 80% except High school graduation rate in North ters are welcome and should be di- Carolina in 2020 rected to the editor. however, is describe the extreme I certainly agree gerryman- for students with disabilities and rationale for many of Cooper’s dering is abhorrent and violates those with limited English profi- To subscribe, call 919-828-3876. decisions. The governor and his basic principles of representa- ciency. Readers also can request Carolina aides simply deny the current tive government. But to leap “Students need to know that for in-person instruction, the State Journal Weekly Report, delivered each weekend by e-mail, or visit state legislature possesses the from challenging gerrymandered there are many different career Board of Education directed them CarolinaJournal.com for news, links, lawful authority to check his districts to questioning the very pathways they can pursue,” State to let high school seniors gradu- and exclusive content updated each power in the first place. legitimacy of the elected Gener- Superintendent Mark Johnson said, ate if their grades were passing as weekday. Those interested in educa- tion, economics, higher education, Because its members were al Assembly is to leap from high “but graduating from high school of March 13. School districts al- health care or local government also elected within House and Senate ground to quicksand. is the first step that all students so weren’t allowed to require more can ask to receive weekly e-letters must take for whatever path they than the minimum 22 credits typi- covering these issues. districts subsequently found North Carolina’s legislative to be illegal gerrymanders, the choose.” cally needed to graduate. continued PAGE 21 General Assembly is an “illegiti- COVID-19 could’ve helped boost the numbers. After schools closed By CJ Staff CAROLINA JOURNAL // OCTOBER 2020 3 QUICK TAKES Cooper gives districts a chance to Moore calls out Dems for ‘defund police’

reopen classrooms to K-5 students N.C. HOUSE Speaker Tim Moore, told Carolina Journal that when R-Cleveland, says nearly 50 Dem- she signed the Future Now pledge chool districts can allow ele- ocratic House lawmakers and can- in 2018, defunding the police was mentary-grade students to re- didates have backed a dangerous not part of the stated goals. She turn to the classroom, Gov. pledge to defund the police. House told CJ the police proposals must Roy Cooper announced during a Sept. 16 Minority Leader Darren Jackson, have been added this year and she SSept. 17 news conference, but mid- Senate leader Phil Berger, along with D-Wake, says that’s a lie. doesn’t support defunding law en- dle and high school students won’t Lt. Gov. Dan Forest and Catherine During a news conference Sept. forcement. have the same opportunity. Truitt, the Republican candidate 14, Moore attacked Democrats for Carolina Journal sent an email The announcement — allow- for state superintendent, called for signing a pledge to accomplish a to Jackson asking him if he would ing local school districts to provide schools to fully reopen. list of policy goals by 2030 as out- pledge his support today now that a in-person instruction full time to lined by the left-leaning advocacy proposal to defund the police is list- younger students — came a day af- group Future Now. Joining Moore’s ed on the America’s Goals website. ter Republican leaders urged the gov- news conference were Rep. Carson Jackson didn’t respond. ernor to offer that option at all levels Cooper said his K-5 decision Smith, R-Pender; Rep. John Fair- Instead, Jackson sent out a news statewide and let parents decide. wasn’t connected to the Republi- cloth, R-Guilford; and a handful of release challenging Moore. The move is a step in the right cans’ news conference. county sheriffs who shared Moore’s Future Now has given thou- TIM MOORE TIM direction, Senate Leader Phil Berg- Over the summer, the state told concerns about what they consid- CALLING OUT DEMS. House Speaker sands to Democratic candidates in er, R-Rockingham, said in a news re- school districts to create three re- ered a radical agenda. Tim Moore, R-Cleveland, addresses a 2020, including incumbent Reps. lease, but the governor should have opening plans, from most to least Future Now’s Pledge to Achieve news conference, Sept. 14 at N.C. GOP Christy Clark, D-Mecklenburg; Syd- gone further with his decision. restrictive. Plan A had the few- America’s Goals includes promis- headquarters in Raleigh. ney Batch, D-Wake; Joe Sam Queen, “His new plan ignores the needs est restrictions, allowing in-per- es to provide affordable health care, D-Haywood; and Ray Russell, of low-income and exceptional stu- son instruction with minimal social boost education spending, and en- D-Ashe. dents in middle and high schools for distancing of students and staff. sure equal opportunities for all. to study taking money from po- While some House Democrats in-person instruction,” Berger said. Plan B required more stringent so- Dozens of N.C. House Democrats lice departments and giving those may have signed the pledge in 2018, On Sept. 16, Berger, along with cial distancing and fewer people and Democratic candidates have funds to other community pro- Democratic candidates running in Lt. Gov. Dan Forest and Cather- in the school building. Under Plan signed the pledge since 2018. grams like youth shelters. 2020 likely signed this year. Future ine Truitt, the Republican candi- C, schools could use only remote While the pledge doesn’t explic- “Right now, law enforcement of- Now has given money to challeng- date for state superintendent, called learning. itly call for defunding the police, ficers across our nation are being ers, too. House Democratic candi- for schools to reopen completely. A On July 14, Cooper announced such a proposal can be found under targeted and attacked,” Moore said. dates Nicole Quick, Kimberly Har- handful of parents took part in the school districts could either use the subsection for “Equal Oppor- “I consider signing this pledge a di- dy, Brian Farkas, Aimy Steele, Dan news conference to share their des- Plan B or Plan C. No school district tunities For All” on the America’s rect attack on North Carolina law Besse, Frances Vinell Jackson, and peration with the remote instruction could offer Plan A, regardless of the Goals website. Included is model enforcement, too.” Ricky Hurtado have received cam- plans. COVID-19 metrics in the area. legislation to create a commission Rep. Marcia Morey, D-Durham, paign donations from Future Now.

Public Affairs, Policy Issues & Perceptive Commentary

See refreshing, balanced conversations about timely topics facing North Carolina and the nation on FRONT ROW with Marc Rotterman. By bringing together his insider experience, keen mind and key contacts (including elected officials, policy makers and journalists), Marc and his guests explore important issues about policy and public affairs during each lively episode.

Catch FRONT ROW— Five Times a Week! UNC-TV: Fridays, at 8:30 PM • Sundays, at Noon North Carolina Channel: Fridays, at 9 PM • Saturdays, at 4 PM Sundays, at 9:30 AM Online anytime at unc.tv/frontrow 4 CAROLINA JOURNAL // OCTOBER 2020 QUICK TAKES Judges reject attempt to block N.C. Split court ruling permits absentee witness requirement some N.C. felons to vote

three-judge panel has re- jected a plea to block ab- sentee ballot witness re- quirements for North Carolina’s Afall election. The decision in N.C. Superior Court generated praise from the state Senate’s leader on election issues. “The judges were right to re- ject this dangerous attempt SOME N.C. FELONS to eliminate basic protections who have fin- Bell and Gregory agreed to against fraudulent activity that ished their active prison time will grant a preliminary injunction al- took place in the most recent fed- be able to cast ballots in the 2020 lowing those felons to cast ballots eral election, and I hope they do election, based on a 2-1 ruling this year. The judges limited their the same with the multiple oth- from a state Superior Court panel. injunction to felons now prevent- er lawsuits filed by Washington The court’s order applies to any ed from voting “solely as a result Democrats this year,” said Sen. felon who is out of prison but still of them being subject to an assess- Ralph Hise, R-Mitchell, in a news must pay fees or fines before his ment of fees, fines, or other debts release. Hise co-chairs the Gen- criminal sentence is considered arising from a felony conviction.” eral Assembly’s Joint Legislative complete. Felons on probation or parole with Elections Oversight Committee. The ruling in Community Suc- no outstanding fees or fines would SUPERIOR COURT. A three-judge panel has rejected a plea to block absen- He also leads a Senate commit- cess Initiative v. Moore represents a not be affected. tee ballot witness requirements for North Carolina’s fall election. tee on election and redistricting partial victory for the “Unlock Our The third judge in the case — issues. Vote Campaign,” led by advocacy John Dunlow — agreed with his The judges agreed not to grant With more than 430,000 ab- the 2018 Congressional election group Forward Justice. The group’s colleagues only in the parts of a preliminary injunction in the sentee ballots already requested for North Carolina’s Ninth Con- lawsuit filed in November 2019 their ruling that rejected plaintiffs’ case of Chambers v. State of North at the time of the ruling, changing gressional District,” according to aimed to restore voting rights for arguments. Dunlow would have Carolina. Filed July 10 by four in- the process at this point would be Hise’s news release. almost 60,000 convicted felons not thrown out the entire lawsuit and dividual plaintiffs working with a “time-, labor-, and cost-intensive “Witness signatures on ab- serving active prison time. Sup- ruled in favor of the defendants. the American Civil Liberties process,” according to the judges. sentee ballots helped uncover the porters argued state laws regard- The N.C. Republican Party re- Union, the case challenges an “Indeed, such a process will cre- fraudulent activity that took place ing restoration of voting rights for sponded to the ruling. “It is outra- absentee ballot witness require- ate delays in mailing ballots for in the 2018 Congressional election felons violate the N.C. Constitu- geous for these judges to change ment in state law. The law re- all North Carolinians voting by ab- and is suspected to have taken tion. the rules for an election when ab- quires one adult to witness an ab- sentee ballot in the 2020 general place for many other elections be- The Sept. 4 ruling in the case sentee ballots have already start- sentee ballot. It places limits on election and would likely lead to fore 2018,” the release continued. offered plaintiffs mixed news. The ed going out and voting has be- who can serve as a ballot witness. voter confusion as to the process “The court upheld the election judges refused to strike down vot- gun,” N.C. GOP Chairman Michael The lawsuit alleges violations for voting by absentee ballot.” integrity law that passed with ing restrictions for all felons who Whatley said in an emailed state- of four sections of the N.C. Consti- Hise’s news release ties this broad bipartisan support after the have completed active prison sen- ment. “This is yet another exam- tution. But Judges Alma Hinton, lawsuit to others challenging N.C. NC-9 absentee ballot fraud,” Hise tences. But two members of the ple of why we need to elect Con- Robert Bell, and Thomas Lock election laws. said. panel — Judges Lisa Bell and Keith servative Judges who will apply disagreed with the plaintiffs’ -ar “Washington Democrats sued Both state and federal courts Gregory — agreed money-relat- the law rather ran rewrite the laws guments. The judges found that to overturn an election security have upheld the witness require- ed requirements for post-release they don’t like.” “there is not a substantial likeli- law passed with bipartisan sup- ment, according to Hise’s release. felons create unconstitutional re- hood” that the plaintiffs would port in the wake of widespread ab- strictions of voting rights. CJ Staff win the case. sentee ballot fraud uncovered in CJ Staff THIS IS WHAT OPPORTUNITY LOOKS LIKE. Learn more online at: www.carolinajournal.com/series/opportunity-scholarships #SchoolChoice CAROLINA JOURNAL // OCTOBER 2020 5 QUICK TAKES Billboard challenges Cooper’s lockdown, use of science, data

ike many N.C. business owners burdened by Gov. Roy Cooper’s prolonged COVID-19 shut- downs, Greensboro developer Mar- Lty Kotis is fed up. He’s taking questions and com- plaints to the streets, literally, launching a billboard campaign along Greensboro’s Battleground Avenue. “Where’s the logic?” asks one message on an enormous roadside screen. “Show your data.” “Science is not political.” The campaign, Kotis told Caro- lina Journal, is about “pinning Coo- per down on scientific reason- ing,” which the governor repeat- MARTY KOTIS: The campaign is about “pinning Cooper down on scientific reasoning,” which the governor repeatedly claims is his basis for the shutdown. edly claims is his basis for keep- ing bars, movie theaters, lounges, nightclubs, and other businesses bowling alleys have reopened. Even WFMY news in Greensboro and not others?” air filtration units, and other safe- closed. Cooper originally said bars some casinos reopened in May. called the billboard “strange,” Kotis sits on the University of ty equipment. He’s put staff testing and movie theaters would reopen The governor’s logic doesn’t “odd,” and “unusual,” pointing North Carolina System’s Board of and temperature checks in place. as part of his Phase 2. But he moved make sense, Kotis said, and that’s to scientific studies used by N.C. Governors, where he’s outspoken “What I want to understand is the dates, revised the phases, and the whole point. With the help of Health Secretary Mandy Cohen. about the need for student safety the science and data behind which prolonged certain types of busi- some Soviet-inspired art, he craft- Those studies show COVID-19 has and affordable education amid the businesses are allowed to open and ness closures. Kotis owns several ed his messages and splashed them a higher rate of transmission in- pandemic. which businesses are not,” Ko- Greensboro restaurants, a brewery, on screen for passersby to see. And doors. Most of his hospitality op- tis said. “We should be focused on and a movie theater. The theater re- ponder. “Well, no sh*t,” Kotis told CJ. erations have been closed since health and safety practices and not mains closed under Cooper’s revised “Your governor is in control. Lis- “But that doesn’t explain gyms, March, he said in a recent Facebook on business types.” Phase 2.5. Meanwhile, Kotis said, ten and comply,” another message restaurants, casinos, bowling al- post. He’s installed foot-operated gyms, restaurants, churches, and reads. leys, churches — all being open, door pulls, sanitizing stations, UVC CJ Staff

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◼ ADOLESCENTS (AGE 12-17) ◼ YOUNGwww.carolinajournal.com ADULTS (AGE 18-25) Breaking news, top stories and analysis delivered each morning to your inbox. 6 CAROLINA JOURNAL // OCTOBER 2020 STATE GOVERNMENT Governor’s lawsuit against Rules Review Commission could unleash executive power, experts say BY JULIE HAVLAK tioned whether it was “a devious — until now. stunt” and “an end run around the The lawsuit has the business ov. Roy Cooper is suing to dis- public, the General Assembly, and community concerned. The Rules mantle a powerful legislative the courts.” Review Commission has played a check on executive power. Weeks later, the commission be- major role in the push for regulato- The N.C. Supreme Court will even- came a potential roadblock for DES’ ry reform in North Carolina. Gtually decide the issue. move to expand unemployment “We’re concerned about any The legislature and the gov- benefits linked to COVID-19. sort of lawsuit that would dimin- ernor are fighting over control of Lawmakers expanded benefits ish the protections that are afford- the Rules Review Commission — a to four narrow groups — residents ed to citizens,” said Michael Carpen- powerful board, chosen by lawmak- infected or officially quarantined, ter, N.C. Home Builders Association ers, that can prevent bureaucrats in and employees who lost hours or executive vice president. “Executive the executive branch from wielding employers. But the department branch agencies have never liked legislative power without the law- went further. this. They could basically do what makers’ consent. It expanded unemployment ben- they pleased, and this is clearly a re- If the Democrat Cooper wins in efits to people who “reasonably be- striction on their ability to do that.” court, his victory will weaken leg- lieve there is a valid degree of risk” The legislature’s chances for islative authority and erode sepa- POWERFUL BOARD. Gov. Cooper wants to weaken the Rules Review Commis- because of an employer’s failure to keeping its appointments are slim. ration of powers in North Carolina, sion. comply with state or federal guide- A 2016 state Supreme Court deci- experts say. A ruling in Cooper’s fa- lines. Benefits also would cover sion weakened legislative appoint- vor would cripple the legislature’s Taylor, political science professor at in government is the result of bu- high-risk individuals and parents ments within the executive branch, control over how regulatory agen- N.C. State University. reaucrats interpreting laws.” whose children can’t attend school. said Jon Guze, JLF director of legal cies interpret state laws. Jon Sanders, John Locke Founda- Republican lawmakers accuse The John Locke Foundation studies. Republican lawmakers bashed tion director of regulatory studies, Cooper of dodging the legislature challenged the rule at the Office of Only state Supreme Court Jus- Cooper’s lawsuit as “another power agrees. and pushing his policies through ex- Administrative Hearings. Republi- tice Paul Newby dissented with the grab, plain and simple.” Cooper ar- “At that point, the fear would ecutive rulemaking and the courts. can legislative leaders questioned 2016 ruling to defend legislative au- gues that lawmakers are interfering be that the governor would be able So far during the COVID-19 pan- how the agency would determine thority. Newby, a Republican, is run- with the executive branch’s authori- to rubber-stamp anything that he demic, the commission has stymied employers’ failures. The agency ning for chief justice in November, ty to set policy in rulemaking. wanted and remove any due dili- two of Cooper’s policies. failed to submit the necessary pa- when two other seats on the state’s The agency they’re fighting over gence from the process,” Sanders It blocked the State Board of perwork to go before the commis- highest court are up for election. is a powerful watchdog. Its commis- said. Elections’ request for emergency sioners in August. Cooper’s lawsuit could cost the sioners can veto rules on election The House and Senate appoint powers and complicated the Divi- “The RRC will continue to sty- legislature its management role laws, unemployment benefits, en- the board’s 10 members. “Cooper sion of Employment Security’s plan mie executive rulemaking pursu- in overseeing governmental regu- vironmental conservation — even wants a majority of appointments, for expanding unemployment ben- ant to an unconstitutional statuto- lations, said William Yeatman, re- rules about hearing loss and heavy which would kill the legislature’s efits. ry scheme that violates the Consti- search fellow in Cato Institute’s metals in fish. Its members have veto in the rulemaking process,” In May, the elections board asked tution’s separation of powers,” Coo- Robert A. Levy Center for Constitu- been said to “wield more power than said Mitch Kokai, JLF senior politi- for emergency powers — including per argued in his lawsuit. tional Studies. most elected officials,” argued -for cal analyst. “It serves as a safeguard the ability to change some election Since the General Assembly cre- “That would be a big, big deal,” mer commissioner Harry Payne, against unelected bureaucrats mak- dates, as well as the deadlines for ac- ated the RRC in 1986, the commis- Yeatman said. “Given how much who later joined the N.C. Justice ing rules that have a drastic nega- cepting mail-in ballots, reporting the sion has been embroiled in the con- regulatory power has already been Center, a left-leaning policy group. tive impact on North Carolinians.” sorting of ballots by precinct, hear- flict between regulators and the reg- transferred to the executive, it would Shifting control to the execu- “Not everything that affects ings for candidate challenges, and ulated business community. Agen- almost make it seem like a one-way tive branch could disable the com- people’s lives is the result of a law election protest appeals. cies complain the process slows reg- ratchet. They can pass laws that mission’s oversight role. It also could passed by lawmakers that you can Rules review commission- ulations, while businesses praise its would empower the executive but help Cooper centralize power with- hold accountable at the ballot box,” ers unanimously sank the request. oversight. But the controversy nev- not a law that allows them to com- in the executive branch, says Andy Kokai said. “Much of what happens Commissioner Tommy Tucker ques- er boiled over into major litigation pete with the executive.”

NORTH CAROLINA

BUDGET IN PICTURES ONLINE NOW AT JOHNLOCKE.ORG

A visual exploration of the current N.C. budget: How does state government get its money? How does it use that money? How has that changed over time? And how might that change in the future? CAROLINA JOURNAL // OCTOBER 2020 7 COVID-19 LOCKDOWN Cooper’s permission slip does little to help this small-town bowling alley

BY KARI TRAVIS moved many times since. In May, Cooper told the public he wanted owling alleys are finally al- to lower the state’s percentage of lowed to reopen in North Car- positive cases to 5%. North Caroli- olina. But for small-town op- na hit that number, but Cooper still erations like Fairwood Lanes in Ro- didn’t reopen the economy. During a Banoke Rapids, the governor’s per- news conference Sept. 17, a reporter mission slip may be too little, too asked Cooper what “tangible met- late. ric” he was now aiming to hit before The financial strain is crip- fully reopening the state. The gover- pling, Fairwood Lanes owners Eliza- nor’s answer was cautious and non- beth and Timothy Robinson tell me committal. when I visit to watch their Super- “We’ve stabilized, but we want heroes league, a group for bowlers to see numbers keep decreasing,” he with special needs. The last time I said. dropped by Fairwood it was July, and That’s not a comforting answer the Robinsons were locked in a le- for small business owners skit- gal battle with Gov. Roy Cooper over tish about Cooper’s arbitrary deci- his prolonged COVID-19 shutdowns. sion-making. But a recent federal Fairwood Lanes, along with bowl- court ruling in Pennsylvania could ing alleys across the state, reopened give them a legal precedent to fol- after Judge James Gale issued a pre- TRAVIS KARI BY PHOTO CJ low if the governor closes the econ- OPEN AGAIN. Jordan Clapton bowls at Fairwood Lanes Sept. 16. Jordan’s only social outlet is Fairwood Lanes. liminary injunction in their favor. omy again. The Robinsons rejoiced. But, one U.S. District Judge William Stick- week later, the N.C. Supreme Court man on Sept. 14 blocked some of ordered bowling alleys to close Pennsylvania Gov. Tom Wolf’s again while it reviewed an appeal COVID-19 restrictions, calling them from Cooper. Democrats hold a 6-1 unconstitutional. majority on the state’s highest court “The Constitution cannot accept — two of those Democrats are Coo- the concept of a ‘new normal’ where per appointees — giving the gover- the basic liberties of the people nor a partisan edge. can be subordinated to open-ended The Robinsons had to shutter emergency mitigation measures,” things indefinitely. The blow was Stickman wrote in his more than devastating. 60-page opinion. When Cooper finally moved Like Cooper, Wolf placed limits the state into a modified Phase 2.5 on indoor and outdoor gatherings, on Sept. 4, bowling alleys could re- and closed “nonessential business- open. But Fairwood was closed for es” to slow the spread of the virus. so long the damage was done, the Wolf has appealed the ruling. It will Robinsons say. They’re nearly $2 head to the 3rd U.S. Circuit Court of million in debt, Elizabeth tells me. Appeals and could go to the U.S. Su- The couple works in real estate de- preme Court. velopment. They’re trying to sell 60 The outcome in that case could properties just to make ends meet at affect businesses that remain closed Fairwood. in North Carolina. I emailed Coo- Elizabeth is concerned, too, per’s press office, asking if Stick- about social distancing and masks, TRAVIS KARI BY PHOTO CJ man’s decision gives the governor SMILES AND LAUGHTER. Jordan Clapton is happy to be back at Fairwood Lanes, but the owners, Elizabeth and Timothy which are required under Cooper’s Robinson, are feeling more cautious. pause to reconsider his use of emer- orders. The governor made the rules gency powers. I got no response. but left businesses to enforce them. Meanwhile, those business- “I’m just afraid it’s going to be a autistic 22-year-old son, Jordan, months, Jordan stayed home, iso- she wrote. “I guess until you have a es Cooper has allowed to open face disaster,” Elizabeth says. She spent loves to bowl with the Superheroes lated from everyone but his family. special-needs child you can’t appre- harsh consequences. thousands of dollars on renovations league. He watched TV, played word games, ciate how huge an impact Fairwood The Robinsons reduced their to ensure social distancing. Fair- Jordan awoke at 6 a.m. to start and occasionally went to Walmart. Lanes is making with this league.” staff from 30 people to six. They re- wood now features sanitizing sta- waiting for his 4 p.m. bowling date. But he missed socializing. If people start getting sick with opened with a limited menu and re- tions, Plexiglass dividers, and lim- Now he’s throwing balls down the He missed bowling. COVID-19 after bowling at Fair- duced operating hours. ited lanes to keep bowlers separat- wooden lanes, smiling, chatting Just try explaining to Jordan why wood, then shut it down, fix it, and There’s no money to sustain ed. Staffers wipe down every pair of with his friends. he can go to Walmart, but his favor- start over, Clapton wrote. things if Cooper changes his mind, shoes, every bowling ball, and every Clapton smiles behind her mask, ite bowling alley — warm, welcom- “But if he [Cooper] shuts it Elizabeth says. table after use. Elizabeth requires but a layer of caution mutes her ex- ing, and safe — is off limits, Clapton down again otherwise, I’m gonna be She adjusts her brightly col- masks for all staffers. citement. says. standing on his porch waiting for an ored mask and looks toward the It’s up to customers to follow “I’m just worried about what “I get that there’s a pandemic, explanation!” door, where a handful of people are the rules, Elizabeth says. But in this happens if Cooper shuts everything but at this point, life has to go on,” Cooper’s orders, which contin- traipsing in. Even her regulars have small town 100 miles from Raleigh down again,” she says. Clapton says. “I’ll wear a full body ue to block movie theaters, bars, been hesitant to return, she tells me. and the governor’s mansion, it’s Jordan’s only social outlet is suit as long as I can just get on with lounges, and concert venues from Some are concerned about safety. tough to make people comply. She Fairwood Lanes, Clapton says. And things.” opening, seem arbitrary and con- Others just don’t want to bowl in a understands their discomfort, but while she’s cautious about health Clapton wrote me a note after fusing to many, Clapton included. mask. she’s afraid of another forced clos- and safety during the pandem- my Sept. 16 visit to Fairwood Lanes. In March, the governor said his goal “Will we even have enough cus- ing. ic, she’s equally concerned about “The smiles and laughter today are was to “flatten the curve” of corona- tomers to stay open?” Elizabeth So is Jennifer Clapton, whose her son’s mental well-being. For what I wish the governor could see,” virus cases. But the goalposts have says. “I just don’t know.” 8 CAROLINA JOURNAL // OCTOBER 2020 BUDGET & SPENDING USGA deal at Pinehurst is cronyism at its worst, experts say BY KARI TRAVIS The project will yield $2 billion for North Carolina’s economy over t’s a beautiful day for golfing in 25 years, USGA estimates. Pinehurst, or so North Carolina’s “None of these numbers are real, politicians would have you be- except for what’s being paid out by lieve. Look closer, experts say, and the state,” Coletti said. Iyou’ll see it’s a beautiful day for USGA is legally required to government handouts and corpo- spend just $5 million of its own rate welfare. money on the project, while North On Sept. 9, the U.S. Golf Asso- Carolinians remain on the hook for ciation — already set to hold the $18 million, said Jon Sanders, JLF’s 2024 U.S. Open at Pinehurst Re- director of regulatory studies. sort — announced Pinehurst will The Championship NC Act be home to the Open again in 2029, carves out a benefit for the state, 2035, 2041, and 2047. USGA al- too, ordering USGA to provide the so plans to move part of its official Commerce Department a “hospital- headquarters from New Jersey to ity pavilion” at each men’s champi- North Carolina. It will build “Golf onship. House Pinehurst,” a visitors’ cen- “Defining it as a ‘gift’ lets the ter, museum, and research base. governor and legislators do a statu- But the announcement includes tory Jedi hand wave and say it isn’t a multimillion-dollar catch. a form of quid pro quo,” Sanders North Carolina will give USGA said. “We (lawmakers) gave them $18 million in incentives and mil- (USGA) $18 million, and out of the lions of dollars in extra tax breaks. goodness of their hearts they just The deal, inserted into an exist- up and let us enjoy this large, ca- ing state House bill, swiftly passed tered gathering place at a major WHIFF SHOT: Thousands in North Carolina have lost their jobs amid the governor’s shutdowns, employers face harsh both chambers of the legislature. restrictions in the name of COVID-19, and Cooper wrongly points to the USGA deal as a win for the state’s economy. championship sporting event for Gov. Roy Cooper, a Democrat, im- free. Oh, but just men’s champion- mediately signed it into law. Law- ships, for some reason.” makers called it the Championship Thousands in North Carolina NC Act. But it’s really a bipartisan governor’s walking around mon- panies employed 535,800 peo- have lost their jobs amid the gov- package supporting crony capital- ey” — and another $100,000 from ple. More than half were laid off in ernor’s shutdowns, employers face ism, say John Locke Foundation re- the Job Development Investment North Carolina will March. Only 336,300 have returned harsh restrictions in the name of searchers. Grant. JDIG is a Commerce Depart- give USGA $18 mil- to work, Cooper said. To date, bars, COVID-19, and Cooper wrongly “I’m so tired of these things, I ment “discretionary fund” giving nightclubs, lounges, movie the- points to the USGA deal as a win for can’t even work up fire for it,” Joe money to companies that bring lion in incentives and aters, and music halls remain the state’s economy, Sanders said. Coletti, JLF’s senior fellow for fis- jobs to North Carolina. millions of dollars in closed under the governor’s execu- “The same governor who has re- cal and tax policy, said after the There’s no guessing where the tive orders. Gyms, bowling alleys, fused for half the year to fight tooth USGA announcement. “This is the state will find the remaining $14.4 extra tax breaks. The and other fitness centers reopened and nail to save their jobs wants state helping Pinehurst Resort with million, which it plans to pay US- deal, inserted into an only recently. Restaurants contin- praise for using money taken from something that was probably going GA over the next four years, Colet- existing House bill, ue to operate at only 50% capacity, taxpayers in this economy to bring to happen anyway.” ti said. as mandated by Cooper. 35 new hires to one of the state’s Coletti has spent countless Yet politicians, Republican and swiftly passed both USGA plans to invest “up to $36 wealthiest areas?” Sanders said. hours tracking North Carolina’s Democrat, were overjoyed during a chambers of the leg- million” in its Pinehurst campus, “That’s the sort of blinkered arro- economic struggle through the news conference with USGA. Coo- Cooper said in a news release. The gance one expects from a centrally governor’s COVID-19 shutdown. per, House Speaker Tim Moore, islature. organization will hire 50 people. At planned police state, not North Car- In short, he’s exhausted. And now, R-Cleveland, Sen. Tom McInn- least 35 employees must be new olina.” despite the state’s significant tax is, R-Richmond, and Rep. Jamie hires, state law stipulates, and all In 2019, USGA’s revenue was losses and slumping economy, the Boles, R-Moore, were among those 50 employees must receive an an- $211 million, USA Today report- legislature managed to scrape to- to praise the $18 million deal. It been hit hard by Cooper’s prolonged nual salary of at least $80,000. ed in February. The organization, gether enough money for a golf will bring money to the community COVID-19 shutdowns. “Today’s news will add new en- which is a nonprofit, says most of deal. and the state, they said. It will help About 169,500 hospitality ergy to the leisure and hospitali- that money is invested back in- North Carolina will pay $3.6 North Carolina’s struggling hospi- workers remain unemployed, Coo- ty services and significantly con- to the sport. The median annu- million to USGA this fiscal year. To tality industry. per’s office said, pointing to the US- tribute to the long-term recovery al income for Pinehurst Village is foot the bill, lawmakers pulled $3.5 But not right away. Construc- GA deal as a boost for that econo- of that important segment of our $80,128, according to the most re- million from the One North Caro- tion isn’t set to start until 2022. my. In March, restaurants, hotels, economy,” Commerce Secretary cent data from the U.S. Census Bu- lina Fund — formerly dubbed “the Meanwhile, that industry has bars, and other recreational com- Anthony Copeland said. reau.

www.carolinajournal.com CAROLINA JOURNAL // OCTOBER 2020 9 HEALTH CARE Nurse’s union win in Asheville could be a loss for patients BY JULIE HAVLAK North Carolina, said Guze. dential nominee appeared Patients will have little recourse. in a virtual roundtable hosted by nions won a new strong- Hospital consolidation has left pa- National Nurses United just days hold in North Carolina. Pa- tients and nurses few alternatives before the union’s victory. Jill Biden tients will pay the price, ex- and less market competition, said promised her husband “will be the perts say. Guze. most pro-union president since UA national nurse’s union won Mission Health controls almost [Franklin Roosevelt].” a vote to organize 1,800 registered half of the health care services and North Carolina boasts the sec- nurses across western North Caroli- providers in 11 counties in western ond-lowest unionization rate in the na. The 965 votes to unionize Mis- North Carolina, according to Mod- nation, behind only South Carolina. sion Health dwarfed 411 in opposi- ern Healthcare. The system’s own Only 2.3% of its workers belonged tion. consultant dubbed it “the only ma- to a union in 2019, according to the The vote caps a long fight be- jor producer of hospital services in U.S. Department of Labor’s Bureau tween HCA Healthcare, the coun- Western North Carolina,” said an of Labor Statistics. try’s largest hospital system, and Urban Institute 2015 report on the The fight isn’t over at Mission National Nurses Union, the nation’s system. Health. Union organizers say this largest union. But the union’s suc- “Unionization is a response to win is “just the beginning” of their cess could hurt patients’ ability to cartelization,” Guze said. “The fact agenda. They say they will bargain

afford health care, says Jon Guze, that we have fewer and fewer larg- IMAGE) COMMONS (WIKI ASHEVILLE IN HEALTH MISSION for patient safety, higher staffing, John Locke Foundation director of er health care providers is a prob- MISSION HEALTH. A national nurse’s union won a vote to organize 1,800 regis- and higher wages. legal studies. lem — not only for employees but tered nurses across western North Carolina. But critics contend that union- Both sides say patient safety is also for us as consumers of health ization will erode flexibility and at risk. care. … It harms the rest of us, not hurt nurses’ advancement oppor- Union critics warn that strikes just with higher prices but also low- tunities, said Michael Cannon, Ca- could endanger patients and leave er quality.” said in a news release. booster shot” for union activity to Institute director of health poli- them suffering without care. They HCA has battled political back- HCA denies the union’s accusa- across the South, Dan Bowling, se- cy studies. point to research showing spikes in lash since its $1.5 billion takeover tions. It has argued it has enough nior lecturing fellow of employ- HCA says it will examine the hospital mortality of almost 20% for of Mission Health. Patient safe- resources and staff to care for pa- ment law at the election process and the parties’ patients admitted during a nursing ty grades fell from “A” to “C” in lit- tients safely. law shool, told Carolina Journal be- conduct. It says it plans to “ensure strike. tle over a year, according to the hos- Escalating health care consoli- fore the vote. that all of our nurses had the fair Union organizers argue Mission pital watchdog Leapfrog. Attorney dation drives unionization. And the It is also a major defeat for HCA election that they deserve.” Health hurt patients with inade- General said he received damage won’t be limited to western Healthcare, which controlled 184 “This isn’t what is going to fix quate staffing and safety measures. “harrowing” complaints about North Carolina, says Guze. hospitals and $51.3 billion in reve- health care,” Cannon told CJ. “Di- The union says this is the “largest quality of care. “We should see this as a mani- nue in 2019. Only 37 of its hospitals viding up the pie as it exists right union election win in the South in “Only a few months into the festation of a disturbing trend that’s had any union presence, and many now isn’t going to help patients. 12 years.” The National Labor Rela- HCA buyout, we started to see dra- going to make health care less af- of them were concentrated in right- … We need things that will drive tions Board announced the vote to matic decreases in the amount of fordable, less accessible, and less to-work states. down the cost of care — not chang- unionize Mission Health on Sept. 17. staff and resources we had across innovative in the years to come,” But union activity within the es that shift some money from hos- That union victory could drive the hospital,” Sue Fischer, a float Guze said. health care sector is picking up. pitals to nurses and drive up spend- medical costs higher across western pool registered nurse at Mission, The victory is also a “huge The wife of Democratic presi- ing overall.”

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“It’s ridiculous,” she said, hold- Pay attention BUT WAIT … THERE’S MORE! ing back tears. “We live in a coun- try that we say is free. We’re sup- continued from PAGE 1 posed to be in pursuit of happiness and freedom, and that pursuit is in Court of Appeals races education as well. Opportunity HERE ARE THE CANDIDATES FOR “I don’t see what’s unconstitu- ive seats are on the ballot for panel splits 2-1, and the lawsuit THE COURT OF APPEALS: tional,” she said of the current chal- Scholarships the N.C. Court of Appeals. is appealed, the Supreme Court (* = INCUMBENT) lenge to the program. “Because of Members of this 15-judge must review the case. low income? Is that what makes it SEAT 4: APRIL WOOD (R) VS. Nariah, a sixth-grader from body serve eight-year terms. The eight Republicans run- TRICIA SHIELDS (D) unconstitutional? I want to give my Charlotte, wants to continue her Three-judge panels of this court ning for appellate court seats — child an opportunity, and that’s ex- F SEAT 5: FRED GORE (R) VS. LORA education at the private school decide cases appealed from dis- three for the Supreme Court and actly what this scholarship is.” where she’s currently enrolled. trict or superior courts. Its role is five for the Court of Appeals — are CHRISTINE CUBBAGE (D) All Supreme Court candi- Her future might depend on the to decide whether the trial courts running as a conservative tick- SEAT 6: CHRIS DILLON (R)* VS. dates participated in a Sept. 10 fo- N.C. Supreme Court elections. correctly applied the law. et. Douglas Keith of the left-lean- GRAY STYERS (D) rum moderated by the John Locke Born two months prema- The Court of Appeals is often ing Brennan Center for Justice at SEAT 7: JEFF CARPENTER (R) VS. Foundation’s Donna Martinez, who ture, Nariah struggled in public overlooked, but typically it has New York University told Caroli- REUBEN YOUNG (D)* asked candidates to speak to the school through kindergarten and the final word on state legal dis- na Journal earlier this year this is new legal challenge against the Op- SEAT 13: JEFFERSON GRIFFIN (R) first grade. She needed extra help. putes. The state Supreme Court the first time nationally he’s seen portunity Scholarships. VS. CHRIS BROOK (D)* More time for assignments. A flex- doesn’t have to hear appeals of a group of appellate court candi- “It would be really inappropriate ible learning schedule. Her grand- unanimous decisions from the ap- dates coordinate their campaigns for us to have a comment on that,” mother and legal guardian, Janet pellate court. But if a three-judge so closely. — Rick Henderson Beasley said. Nunn, wanted Nariah to repeat first The cards are stacked against grade and master the fundamentals the program, Guze said. Justices before moving on. Robin Hudson and Sam Ervin IV Nariah’s public school rejected were on the court during the last that option. lawsuit against Opportunity Schol- Nunn was already paying a pri- arships. They joined Beasley in vot- vate tutor to help Nariah, she said ing against the program. Both Hud- during a recent interview with Car- son and Ervin will hold seats on olina Journal’s Mitch Kokai. She the Supreme Court until 2022 and couldn’t afford private school. She will preside if the current lawsuit was desperate for options. against Opportunity Scholarships Then, Nunn heard about the is heard. Depending on the election N.C. Opportunity Scholarship pro- and timing Beasley may, too. gram, passed by the General As- Ideology and party commit- sembly in 2013. The program gives ments may factor into the judges’ vouchers of up to $4,200 per year decisions about the program, Guze to low-income students. It was ex- said. But voters should proceed on actly what Nariah needed. With the assumption that all Supreme the help of the scholarship, Nunn Court justices, regardless of party enrolled Nariah at Victory Chris- affiliation, are men and women of tian School in Charlotte, where her integrity, he said. granddaughter repeated first grade “I don’t think it’s beyond the and became a B-average student. realm of possibility that one or Now, Nariah attends Brookstone more Democrats vote to uphold the Schools in Charlotte. She’s thriving. program this time.” “She’s not sitting in the back of Redistricting the classroom,” Nunn told CJ. “She’s not holding her head down. She’s not saying that she’s not as smart Redistricting lawsuits, which as her classmates. She’s sitting will stir more drama after the 2020 there, she’s raising her hands, she’s census is complete, are likely to asking questions, she’s moving for- come before the high court. Leg-

ward to be in front and be a leader.” JUSTICE FOR INSTITUTE islative and congressional gerry- But a new lawsuit against Op- JANET NUNN WITH NARIAH: The voucher program helped Nariah attend private school, but if Democrats are in total mandering was a major issue in portunity Scholarships has made control of the N.C. Supreme Court, she almost certainly would be forced to return to a public school. 2019, when a three-judge Superi- Nariah’s future uncertain. The pro- or Court panel threw out the state’s gram already faced a legal chal- districts in two separate cases, call- lenge in 2015. In Hart v. State, a ing them an extreme gerrymander. Wake County Superior Court ruled at the consideration of the state’s FreeEnterprise Foundation. “It’s the portation, tuition, books, uniforms Redraw the maps, judges said. The the scholarships unconstitutional. highest court. absolute foundation for what judg- — make the “opportunity” adver- legislature did, but the result made The state Supreme Court later over- If Democrats are in total control, es actually do.” tised by school vouchers a “cruel Republican and Democratic activ- turned the decision. Four Republi- Nariah almost certainly would be Beasley, the first African Amer- illusion.” Offering scholarships to ists angry. Republicans didn’t agree can judges voted in favor of Oppor- forced to return to a public school. ican chief justice in North Caroli- low-income and minority families with the judges’ order to redraw the tunity Scholarships. Three Demo- Newby supported Opportunity na history, opposed Opportunity like the Nunns only exacerbates ed- maps. Democrats were disappoint- crats voted against them. Scholarships back in 2015. He is the Scholarships in 2015. ucational, class, and racial divides, ed the panel didn’t assign their pick, Now, another lawsuit against only member of the four-vote Hart “Given North Carolina’s history Beasley said, pointing to “systemic a professor from California, to re- the program is pending. The N.C. majority remaining on the court to- of public education and the State’s and cultural adjustments” as the re- draw General Assembly districts. Association of Educators is again day. The most senior of all the cur- continued efforts to address short- al necessity. The process was fair, said John gunning for the program, calling it rent justices, Newby says his judi- comings to deliver on its constitu- Janet Nunn doesn’t see things Hood, political analyst, John Locke unconstitutional and insisting it cial responsibility is to the Consti- tional mandate, the General Assem- that way. Foundation chairman, and John lacks state oversight. tution and the original text of the bly’s decision to pursue vouchers at What do you think of the law- William Pope Foundation presi- The vouchers “siphon mon- law. this time and in this way is vexing,” suit against Opportunity Schol- dent. Hood advocates legislation to ey from public schools already “If somebody says judicial phi- Beasley wrote in a Hart v. State dis- arships? CJ asked her. Nunn went adopt a more transparent redistrict- strapped for cash,” NCAE President losophy doesn’t matter, boy, it sent. through the first legal battle back ing process. So far, no such law has Tamika Walker Kelly said. does,” Newby said during an Au- Besides, Beasley wrote, extra ex- in 2015. The idea of fighting it again continued NEXT PAGE The case could end up, again, gust interview with the N.C. penses at private schools — trans- makes her cry. CAROLINA JOURNAL // OCTOBER 2020 11 N.C. SUPREME COURT ELECTIONS

CANDIDATES RUNNING FOR CANDIDATES RUNNING FOR CANDIDATES RUNNING FOR Chief Justice, N.C. Supreme Court N.C. Supreme Court Seat 2 N.C. Supreme Court Seat 4

Cheri Beasley Paul Newby Lucy Inman Phil Berger Jr. Mark Davis Tamara Barringer DEMOCRAT REPUBLICAN DEMOCRAT REPUBLICAN DEMOCRAT REPUBLICAN

Background: Appointed Background: Supreme Court Background: Inman has been Background: Berger was Background: Private lawyer Background: Barringer served Chief Justice by Gov. Roy justice since 2005. Adjunct a judge on the N.C. Court of a private-practice lawyer from 1993 to 2006, special as a state senator representing Cooper in March 2019. professor at Campbell Appeals since 2014. Between from 1991 to 2006. In 2006, deputy attorney general in Wake County from 2013 to Served on the Supreme University Law School. 1992 and 2010, she was a Berger was elected district the N.C. Department of Justice 2018. She is a private-practice Court since 2012, when she Served nearly 20 years as private lawyer. In 2010, former attorney in Prosecutorial from 2006 to 2011. Davis served lawyer and a business professor was appointed by former an assistant U.S. district Democratic Gov. Bev Perdue District 17A, where he served two years as general counsel at UNC Chapel Hill. Democratic Gov. Bev. Perdue. attorney in eastern North appointed Inman to the N.C. nearly a decade. Between for the governor’s office before Served four years on the N.C. Carolina. Superior Court. 2015 and 2016, he served former Democratic Gov. Bev. Education: Undergraduate and Court of Appeals between as an administrative law Perdue appointed him to the law degrees from UNC Chapel 2008 and 2012. Beasley Education: Undergraduate Education: Undergraduate judge for the N.C. Office of N.C. Court of Appeals in 2013. Hill worked as an assistant public degree from Duke University, degree from N.C. State Administrative Hearings. Berger On March 11, 2019, Gov. Roy defender before 1999, the law degree from UNC Chapel University, law degree from was elected to the N.C. Court Cooper appointed Davis to fill Judicial philosophy: year Democratic Gov. Jim Hill UNC Chapel Hill of Appeals in 2016. a vacancy on the N.C. Supreme Believes in the constitutional Hunt appointed her as a Court. interpretation of laws passed state District Court judge. Judicial philosophy: Judicial philosophy: Education: Undergraduate by the General Assembly. “It Constitutional consistency, Believes in the importance of degree from UNC Wilmington, Education: Undergraduate and is imperative that we have Education: Undergraduate predictability, equal justice stability and respect for the law degree from Wake Forest law degrees from UNC Chapel justices who refrain from degree from Rutgers under the law. Constitution. “Leave partisan University Hill legislating from the bench.” University, law degree from politics on the courthouse University of Tennessee. steps.” Judicial philosophy: Believes Judicial philosophy: “Our in limited government and job is to interpret. I think it’s Judicial philosophy: judicial restraint. “I’m a improper for judges to let their “Making sure we are conservative judge, first and personal feelings [affect] how interpreting the laws that foremost.” they decide a case.” are made by the General Assembly, and that we are not tempted by any particular slant.”

continued from PREVIOUS PAGE who won her seat on the high court doesn’t apply, two of the three ap- own policy preferences, the judges Appeals Court Judge Lucy In- in 2018, is the founder and former pellate judges said. Voter ID re- wrote in their opinion. man, a Democratic contender for executive director of the Southern mains part of the state’s constitu- Newby dissented, along with Newby’s vacated Supreme Court passed the General Assembly. Coalition for Social Justice. SCSJ — tion, as amended by voters. the other two Republicans who seat, showed this ability to put par- In 2021, lawmakers will restart a leftist organization — was active But hours after the Appeals served on the court at the time. ty affiliation aside in 2019. In an- the mandatory redistricting pro- in redistricting lawsuits against Re- Court announced its decision, the The court violated the constitu- other case called Cooper v. Berger, cess. Regardless of what party is publicans in 2018. The organization NAACP said it would take its case tional separation-of-powers princi- the governor challenged the Gen- in power — Democrats may retake was also instrumental in Holmes v. before the Supreme Court. ple it claimed to protect in the case, eral Assembly’s control over feder- the legislative majority Republi- Moore, the case that blocked North “Voter ID just became the most Newby wrote in his dissent. al block grant funds. A lower court cans have held for a decade — more Carolina’s voter ID law. important issue in the N.C. Supreme “The Court strips the Gener- affirmed the legislature’s authori- lawsuits are immi- Earls helped get North Caroli- Court campaigns,” tweeted Brent al Assembly of its historic, consti- ty to use the money as it saw fit. In- nent. na’s 2013 voter ID law overturned. Woodcox, an attorney for legisla- tutionally prescribed authority to man, along with two other appellate Republicans have criticized She remains publicly connected to tive Republicans. make the laws and creates a novel judges, upheld the ruling. Democrats for using judicial ac- SCSJ, appearing on an August panel Separation of powers and sweeping constitutional power Inman herself wrote the opinion, tivism to regain strongholds in alongside Allison Riggs, SCSJ’s gen- in the office of the Governor — the which came down hard on Cooper’s the General Assembly. Democrat- eral counsel for voting rights. authority to implement personal attempt to dictate use of state mon- ic groups bankrolled the 2018 law- Voter ID The N.C. Constitution is clear policy preferences,” Newby wrote. ey without legislative input. suits challenging legislative and that judicial, legislative, and exec- During interviews Newby, Berg- “This court is an error-correct- congressional redistricting. utive powers are separate. But the er, and Barringer have frequently ing court, not a law-making court,” Senate President Pro Tem Phil In September, state voter ID, line between the three is often mud- extolled the constitutional separa- Inman wrote. “The North Carolina Berger, R-Rockingham, said judg- hotly contested by Democrats, be- dled by judicial interpretation. tion of powers. Barringer, who spent Constitution plainly provides that es used a “flawed approach to redis- came a critical issue for the Su- In the 2017 case Cooper v. Berger, six years in the state legislature, no money shall be drawn from the tricting law” and questioned their preme Court. Gov. Roy Cooper sued the legislature says her experience in making laws State treasury but in consequence constitutional reasoning. Republi- In 2018, North Carolinians vot- over its attempt to form a bipartisan helped prepare her for the judiciary. of appropriations made by law.” cans didn’t appeal the decision be- ed in favor of constitutional amend- election board. By forcing the gover- “It is imperative that we have North Carolinians are lucky, cause of a looming deadline for can- ments requiring voter ID and low- nor to appoint four Republicans and judges who refrain from legislat- Guze said, since members of the didate filing. ering the cap on state income tax four Democrats to the board, legisla- ing from the bench,” Barringer said state Supreme Court are elected, not A 2019 U.S. Supreme Court rul- rates. The NAACP sued the legisla- tors stripped Cooper of his executive Sept. 10. appointed for life. If judges misuse ing in Rucho v. Common Cause left ture, saying the amendments never powers, the governor argued. While the Supreme Court wields power or legislate from the bench, all political gerrymandering cases should have gone before voters. The A three-judge Superior Court “super legislative powers,” that the best recourse is found at the bal- up to the states. Such battles start lawsuit argued the General Assem- panel rejected Cooper’s arguments. doesn’t mean it has to, Guze said. lot box, Guze said. in North Carolina’s lower courts and bly that placed the amendments But when the case arrived at the Su- Certain judges have “renounced “My advice to voters is this: end at its highest one. If Democrats on the ballot was illegitimate be- preme Court, the Democratic ma- such powers and limited themselves When you go to the polls, or when control every seat on the Supreme cause of gerrymandering. A Supe- jority ruled in favor of Cooper. The to their constitutionally permissible you fill out your absentee ballots, re- Court after the election, the party rior Court sided with the plaintiffs legislature limited Cooper’s con- role of applying the state’s law and member the N.C. Supreme Court jus- will either control or exercise a ju- and voided both amendments. trol over “the views and priorities” the state constitution as written.” tices you choose will be able to exer- dicial veto over all subsequent vot- On Sept. 15, the Court of Ap- of the bipartisan elections board by Some will, regardless of party, cise more power over you and your er maps. peals overturned the lower court’s requiring that the governor choose resist the urge to put policy and po- family than any other candidates on Notably, Justice Anita Earls, ruling. The NAACP’s argument members who would block Cooper’s litical preferences first, Guze said. the ballot. So, choose wisely!” 12 CAROLINA JOURNAL // OCTOBER 2020 TIMELINE A crumbling republic? The rise, fall of separation of powers in N.C.

mained among the weakest The governor’s abili- from the governor.” A bill in the nation. Until now. ty to levy and extend lock- checking Cooper’s emergen- When the pandemic hit, downs remains unchecked. cy powers sank for the same Gov. Roy Cooper seized con- The legislature has passed reasons. Legal challenges BY JULIE HAVLAK trol of the economy, select- a battery of reopening bills, mostly met a similar fate. downs. But ing essential businesses and with little effect. Under current court in- Cooper vetoed the bill. orth Carolina has shuttering the rest. His or- Any attempts to lim- terpretations of state law, Here’s a look at key been shut down for ders unleashed widespread it Cooper’s emergency pow- Cooper doesn’t need Coun- developments in the sep- six months, nearly economic devastation. Up ers have collapsed. Reopen- cil of State concurrence to aration-of-powers debate 30 weeks, almost 200 days. to 40% of targeted business- ing bills sagged under oppo- restrict the economy. The makers tried to require gov- during the five decades NThe N.C. Constitution es may not survive the virus sition from Democrats, who courts ruled the Council of ernors to get approval from since North Carolina rati- created a feeble executive and the shutdowns, some blocked veto overrides “be- State has no teeth during an the elected 10-member fied its most recent consti- branch, and its governor re- economists predict. cause it takes power away emergency. Republican law- Council of State for shut- tution. The Roy Cooper Era

2016 2017

Cooper is elected in JANUARY: Cooper tries to expand MARCH 17: A three- MARCH 23: The General APRIL 11: Lawmakers trim November, and Republican Medicaid through executive judge panel refuses Assembly makes Superior the state Court of Appeals lawmakers scramble to action, without legislative limits on Cooper’s power. Court and District Court from 15 to 12 members. weaken the executive approval. He argues it is “the It shoots down the judicial elections partisan. They allow more cases to branch. Cooper loses his core executive authority of legislature’s overhaul be appealed to the state ability to appoint Cabinet the governor to accept federal of the state and county Supreme Court and require secretaries without legislative funds to look out for the health boards of elections and the next three vacancies of approval. Lawmakers strip his of the people.” Republican protects some of the the court to remain empty. appointments to UNC campus lawmakers sue, blasting his move governor’s appointments. Cooper sues. Boards of Trustees, as well as as illegal. The outgoing Obama But it allows the state and county elections administration promises to process Senate to approve the Court of Appeals boards. The number of state his proposal as “expeditiously as governor’s Cabinet employees the governor Republicans lose possible.” But a federal judge slaps appointments. can hire and fire without their majority on the a restraining order on Cooper’s consequence plunges from N.C. Supreme Court. attempt, and the delay sinks 1,500 to 425. Cooper sues. unilateral expansion.

2019 2020 COVID-19 SHUTDOWNS BEGIN

JANUARY: Cooper breaks MARCH 12: Cooper’s MARCH 10: Cooper MARCH 16: Cooper closes K-12 records by issuing 42 vetoes, administration waives state- declares a state of schools. He cancels gatherings more than the combined totals imposed restrictions on the emergency for COVID-19. of 100 or more people. of three former governors over supply of hospital beds. the past 16 years.

FALL: Cooper vetoes the budget over Medicaid expansion. Republican lawmakers fail to break the gridlock. They send Cooper a series of mini-budgets to keep MARCH: Democrats gain state government operating. a 6-1 majority on the N.C. He vetoes some, including Supreme Court as Cooper teacher pay raises and names the newest chief Medicaid transformation, and justice and fills a vacancy. signs others.

APRIL 13: Cooper’s APRIL 14: A new group called APRIL 21: Cooper expands MAY 5: Cooper moves the MAY 12: Cooper relaxes MAY 14: Churches sue Cooper. administration decides to Reopen NC protests Cooper’s eligibility for unemployment state into Phase One of oversight measures over release some nonviolent orders. Police declare the benefits with another executive reopening. He removes the Medicaid eligibility. inmates. protest a violation of the order. distinction between essential mass gathering ban and ask and nonessential businesses. protesters to socially distance. Retail businesses can open Several protesters are arrested. at 50% capacity. State parks The Raleigh Police Department and child care facilities calls protesting a “nonessential reopen. Restaurants remain activity.” Two Republican closed. Worship services must senators slam Cooper for take place outside, unless a “grave overstep in your “impossible.” authority.” CAROLINA JOURNAL // OCTOBER 2020 13 TIMELINE

Setting the Stage: 1971 through 2016 Gov. Jim Hunt Pushback against the RRC is After amending the post-Civil War consti- proposes a Gov- Legislative control over bureaucratic rulemak- already under way. Former tution nearly 70 times over the course of a ernor’s Admin- ing gets a boost. Lawmakers strengthen the commissioner Harry Payne century, North Carolina ratifies a new con- istrative Rules Rules Review Commission. It gains the ability to writes that “the members of stitution. The new governing document Review Com- veto administrative rules, letting members slap the Rules Review Commission maintained a strong legislative branch. mission. Doubts down regulations that write law instead of in- wield more power than most But the new constitution also consolidates about its con- terpreting it. This is a major victory for the leg- elected officials.” Agencies Lawmakers pass a bill the governor’s duties and powers. Lawmak- stitutionali- islature — and for the traditional interpretation complain about the check to prevent the governor ers delegate part of their legislative power ty nix his pro- of the balance of powers. The General Assem- on their power. They say the from sidestepping the to the executive branch, where agencies in- posal. The legislature debates the bly regains some of the legislative authority RRC slows the process of the legislature to expand terpret laws to make rules and regulations. need for stronger legislative over- it delegated to the executive branch. administrative state and the Medicaid. sight on agency rulemaking. passage of new rules.

1971 1977 1983 1986 1995 1996 1998 2013 2016

The legislature creates North Republican Gov. Lawmakers claw back some control over Democrats strip a committee to oversee Carolina Pat McCrory wins how executive agencies interpret their laws. away much of the bureaucracy’s becomes the a lawsuit and They create the Rules Review Commission. the Republican administrative rulemaking. last state gains majority It’s supposed to ensure bureaucrats in the lieutenant But it’s limited to simple to give its control over executive branch can’t wield legislative pow- governor’s power, oversight. governor appointments er without lawmakers’ consent. But it still giving it to the the power to boards with lacks teeth. It can only object to rules, with Senate president to veto executive branch no effect whatsoever. pro tem. legislation. authority.

2018

JUNE 28: The legislature AUG. 8: Cooper sues over AUG. 30: The legislature NOVEMBER: Democrats limits Cooper’s ability to the budget. He says he whittles away more of Legislative authority over break Republican veto-proof hire private lawyers to doesn’t want the General Cooper’s appointments. the executive branch supermajorities in both the overturn legislation. It also Assembly to dictate how he reaches its zenith. The House and Senate, boosting removes the state Industrial writes budget proposals. government is split between JANUARY: Cooper wins his suit the power of the executive Commission from Cooper’s parties, and Republican to control the State Board of branch. Cooper’s vetoes gain control. lawmakers can ignore many Elections. This skews the balance some bite. of Cooper’s policy priorities. of power toward the executive. But they remain vulnerable to the courts. WHAT IS VETO-PROOF? A three-fifths majority is needed in each chamber to override vetoes.

votes30 in the votes72 in the N.C. Senate N.C. House

MARCH 17: Cooper closes MARCH 23: Cooper closes MARCH 27: Cooper shuts APRIL 8: Cooper sets new APRIL 8: Cooper relaxes APRIL 9: Cooper restricts the restaurants, bars, and clubs. Lt. gyms, hair and nail salons, down the state, declaring rules for nursing homes. After certificate-of-need laws that number of shoppers allowed Gov. Dan Forest, Cooper’s 2020 spas, health clubs, and movie a stay-at-home order. limiting visitors, he requires choke the supply of health inside stores. election opponent, argues the theaters. He prohibits mass Residents must remain at masks, screenings, isolation, care in North Carolina. lockdown is unconstitutional, gatherings of 50 or more home unless getting food, and COVID-19 case reporting saying the Council of State people, including church receiving medical services, to the state. voted against banning in- services. volunteering, worshiping, person dining at private clubs exercising outdoors, or and restaurants. Forest says working at an essential Cooper “will devastate our business. He bans gatherings economy, shutter many small of more than 10 people. businesses, and leave many Prominent Republican people unemployed, especially lawmakers question Cooper’s in the rural areas of our state data. North Carolina is where food supply is already rocked by 300,000 new critical.” unemployment claims in just 11 days.

MAY 15: The state MAY 16: Cooper can’t prevent MAY 20: Cooper MAY 21: The State Board of Elections MAY 27: Gyms sue Cooper. MAY 28: The General Assembly asks nursing homes people from worshiping moves North Carolina seeks emergency powers and is votes to reopen private bars, clubs, to begin regular, indoors. U.S. District Judge into “Safer at Home unanimously shot down by the N.C. breweries, wineries, and distilleries. proactive testing for James Dever prohibits the Phase Two.” This phase Rules Review Commission. The elections Republicans try to expand the coronavirus. enforcement of Cooper’s reopens restaurants, board asks for the authority to change outdoor seating in restaurants order. Sen. Warren Daniel, salons, pools, and hearings for candidate challenges and and brewpubs. During the debate, R-Burke, says that “Cooper tattoo parlors. But election protest appeals. It requests Rep. Michael Speciale, R-Craven, cannot treat retailers and ABC gyms, yoga studios, the ability to change election dates, as argues that “governors don’t make stores one way and houses and public playgrounds well as deadlines for voter registration laws. … We’ve got people whose of worship another. Nor can remain closed. Even and accepting absentee by-mail ballots. livelihoods are dependent upon he allow one type of worship businesses that made Commissioner Tommy Tucker says us doing something. The governor service to proceed while the cut face strict that he is “concerned this is an end hasn’t done anything.” prohibiting another. Hopefully, capacity restrictions. run around the public, the General this decision will put some Assembly, and the courts.” Republican guardrails on what has been lawmakers slam the agency for a “back- unchecked executive power.” door attempt to rewrite election laws.” Continued Next Page 14 CAROLINA JOURNAL // OCTOBER 2020 TIMELINE

2020 (Continued from Page 13)

JUNE 1: Victory Fitness JUNE 4: The N.C. Bar and JUNE 5: Cooper vetoes JUNE 11: ACE JUNE 11: The JUNE 16: Rural towns plead for relief from his sues Cooper after its owner Tavern Association sues Cooper the bill to reopen bars and Speedway General Assembly executive orders on utility nonpayments. They is charged with a Class 2 on behalf of 185 businesses. expand restaurants’ outdoor loses in court sends Cooper a say his orders are driving them into bankruptcy. misdemeanor for reopening Zack Medford, president seating. Sen. Wiley Nickel, against Cooper’s rewritten bill to Elizabeth City eventually announces its plan his gym. Cooper marches of the N.C. Bar and Tavern D-Wake, says he will oppose shutdowns. reopen gyms and bars to defy the governor, and he grants it a waiver with protesters outside the Association, argues that Cooper a veto override on House Bill and expand seating in hours later. The town of La Grange sues Executive Mansion, his mask “is effectively signing a death 536 “because it takes power restaurants. Cooper. The courts deny the town’s request for — at one point — dangling warrant for 1,063 bars across away from the governor.” immediate relief. State Treasurer from an ear. North Carolina while offering pleads for relief for local utilities in a Council zero relief to the small-business of State meeting but is refused. Cooper’s order owners or their employees.” expires at the end of July.

JUNE 19: State Health and JUNE 19: Cooper vetoes the legislature’s JUNE 20: Cooper JUNE 26: Cooper’s Human Services Secretary second attempt to reopen gyms and bars. orders the removal of mask mandate kicks into Mandy Cohen says that the Sen. Rick Gunn, R-Alamance, slams Cooper, Confederate monuments effect. His order makes legislature’s No Patient Left asking “why did he walk with protesters from the grounds of the businesses responsible Alone Act would violate without a mask on, but prohibits everyday State Capitol. for enforcement. federal law. citizens from using an elliptical machine at a gym? Why is it safe to have a drink outside A court sides with at a restaurant, but it’s dangerous to have JUNE 24: Lawmakers fail Cooper and against the a drink outside at a bar? Cooper needs to to override Cooper’s veto lawsuit to reopen bars. release the science behind these apparent of the reopening bill. contradictions.”

JUNE 26: Cooper’s JULY 1: Forest sues Cooper, JULY 2: JULY 14: The N.C. Supreme JULY 14: Cooper JULY 24: Legislative leaders question how Cooper’s Division of claiming an abuse of Cooper vetoes Court shuts bowling alleys back allows schools to begin administration interpreted the law they passed Employment emergency powers. Forest another bill to down. Bowling alleys had won a reopening with a mix on unemployment benefits. Lawmakers expanded Security expands accuses Cooper of unlawfully reopen gyms. victory in their lawsuit against of virtual and in-person unemployment benefits to four narrow groups access to acting without concurrence Cooper when Judge James Gale learning. But he doesn’t — people diagnosed or officially quarantined, or unemployment from the Council of State. allowed them to reopen. But their allow schools the option workers who lost hours or employers because of benefits with an His lawsuit argues that the success lasted only one week. to go for a full in-person the virus. emergency rule. Council of State acts as a The Supreme Court overturned setting. Districts don’t check so that “executive Gale’s original ruling, and ordered have the flexibility to The Division of Employment Security then opened power of the bowling alleys to close again while craft local plans. benefits to people who “reasonably believe there governor is not it reviewed Cooper’s appeal. is a valid degree of risk to the claimant’s health unlimited.” and safety due to a significant risk” of infection due to an employer’s failure to comply with federal or state safety guidelines. It included people who refuse work to comply with the governor’s A crumbling orders, high-risk individuals over the age of 65, and parents who can’t work because of canceled schools.

republic? The John Locke Foundation challenges DES’ expansion of unemployment benefits. The agency fails to file the paperwork to go before the The rise, fall of separation Rules Review Commission in August, letting the of powers in N.C. emergency rule expire.

JULY 28: Cooper bans the AUG. 4: Judge James Gale AUG. 5: Cooper extends AUG. 11: Cooper wins AUG. 14: The N.C. State AUG. 27: Cooper proposes a sale of alcohol after 11 p.m. suggests the N.C. Supreme Phase Two restrictions. against Forest in Superior Board of Education freezes $25 billion budget to expand Court will decide the One of the state’s leading Court. Forest later drops his enrollment at the state’s two Medicaid and unemployment outcome of Forest’s lawsuit economists warns that the lawsuit. virtual charter academies. benefits, grant teacher against Cooper: “My guess is, economy could take two to It rejects a unanimous bonuses, and slash the whatever I do, I might just be three years to recover. As recommendation from Opportunity Scholarship teeing it up for seven other many as 40% of businesses the state’s Charter School program. He wants to draw people.” targeted with restrictions Advisory Board to let 3,800 down $5 billion in new debt, won’t survive, said Michael more students enroll. The $1 billion of which won’t need Walden, N.C. State University education board’s vote was taxpayer approval. The GOP economist and member of 7-4, with Cooper’s appointees calls it a “spend now, pray the governor’s N.C. Economic voting along partisan lines. later” plan. Recovery Group.

AUG. 28: Cooper sues to disable a powerful check SEPT. 1: Cooper opens SEPT. 16: GOP leaders SEPT. 17: Cooper gives NOVEMBER: Three of the on how the executive branch can use the legislative gyms to 30% or less of their call on Cooper to reopen elementary students the seven N.C. Supreme Court authority delegated by the General Assembly. His lawsuit capacity. He moves the schools. Politicians and chance to learn in the justices are up for election. would cripple the legislature’s veto power over how state into Phase 2.5, lifting parents argue that virtual classroom full time. He So is Cooper. agencies interpret its laws. Cooper demands a majority of shutdowns on indoor fitness learning is leaving students allows local school districts appointments to the Rules Review Commission. A ruling centers, playgrounds, and behind, especially kids with to choose to provide in- in Cooper’s favor would permanently shift the balance museums. But bars and disabilities. person learning full time, of powers, experts say. The state Supreme Court will movie theaters remain starting in October. eventually decide the issue. Sen. Ralph Hise, R-Mitchell, closed. And some businesses calls it “another power grab, plain and simple.” say they cannot survive his capacity restrictions. CAROLINA JOURNAL // OCTOBER 2020 15 CONSTITUTION Lawsuit challenged Wilmington’s restrictions on vacation rentals MK: AG: Tell us what it is that put a lot of money into the It was really devas- the government takes your Wilmington has changed townhome, to suit it up for They think that tating to the Schroeders. property, they have to pay in its rules that affect renting. Right as they were This was their retirement you just compensation. But people who would like to ready to rent — they had their zoning dream home. This [city] what amortization does is: rent out structures for started renting — the city power is just not was where they raised their They take the Schroeders’ vacationers? passed this ordinance. That’s limited by the children. This was where right to rent from them what makes this ordinance they spent their entire lives. and then they say, “You AG: The city of Wilmington particularly bad. It doesn’t constitution. They’ve done a lot in the know, now that we’ve taken has passed a new ordinance just enforce newcomers to That’s why we filed community to give back to that right, you can rent for in the last year. It forces the city, so it doesn’t just this lawsuit. the community. So it really one more year.” So what property owners to obtain a enforce prospectively. felt like the city of Wilm- happened is the Schroeders permit if they want to rent What this ordinance does ington had turned its back lost the lottery, … and the their property. Prior to the is it says: Even though you on them — that they would city said, “You can rent for ordinance’s enactment, it already have a right, even into a lottery and raffled off change the rules on them in one more year. And then was perfectly legal to en- though you’ve made sub- their rights. Because the the middle of the game, that you can work and keep the gage in vacation rentals in stantial investments, even Schroeders’ neighbor was they would take away their property up and pay your- the city of Wilmington. You though you’ve already start- within 400 feet of them and property rights through a self. We’re not going to pay didn’t need permission from ed renting, it then takes that won the lottery, the Schro- raffle. you for taking that property the government to rent your right from you after they’ve eders lost their right to rent. The thing with the right away. We’re going to property. started renting. But the city So the city of Wilmington Schroeders is that they’re allow you to pay yourself After the ordinance was can’t change the rules in the turned their property right hard-working people. They for it.” passed, they’re now requir- middle of the game and then into a raffle ticket and gave saved their money all their That’s unconstitutional. Adam Griffin ing a permit to rent. And to punish people for following it away. That’s just not some- lives. Their retirement is in … If the government’s going Fellow enforce that permit, they those rules. thing that the N.C. Constitu- rental property. They sold to take your property away, Institute for Justice have imposed a cap and That’s what happened tion allows them to do. two other properties to pur- they have to pay you for it. separation requirements to with the Schroeders. They chase this townhome. They They can’t require you to MK: A Superior Court judge has limit the amount of people were just law-abiding Now, at first blush, put a lot of money into pay for it yourself. And so blocked Wilmington’s attempt who are allowed to have citizens who were follow- those of us who are substantially renovating it. what amortization really to limit vacation property a permit. So it’s not just a ing the rules, who bought interested in property They can’t afford to keep it is — it’s a loophole around rentals across the city. Judge simple fill out a form and a property that they knew rights hear this and say, if they can’t vacation rent eminent domain. It’s a Richard Harrell ruled on Sept. get a permit to rent. They’ve they could vacation rent. “This sounds crazy.” it. The only way they can ticking time bomb on the 16 that Wilmington violated limited it to an exclusive Then, once they had made Obviously, working on afford to have this home — Schroeders’ rights. That’s state law when enacting its group of people that they’re substantial investments, this case, you had to this second home — is to be unconstitutional under vacation rental restrictions. The allowed to rent their proper- the city of Wilmington have come across what able to rent it when they’re North Carolina’s “law of the city’s actions had prompted ty for a short term. changed the rules on them Wilmington says is its not using it. land” clause. a lawsuit from residents who They’ve done that by say- and is depriving them of justification. How does So if they lose this right, MK: sank their life savings into ing only 2% of properties in the use of their property the city say that this if the city is allowed to raf- If the Schroeders a vacation-rental property the beach town of Wilming- as a vacation rental. That’s makes sense and that it’s fle off their property rights, lose, what does this mean they couldn’t use. Before the ton can engage in vacation unconstitutional under the constitutional? then they are probably go- in terms of protection of judge’s ruling, Adam Griffin, rentals. And if one prop- North Carolina Constitution. ing to be forced to sell their property rights? AG: constitutional law fellow at the erty is renting to vacation The city of Wilmington townhome and be discon- MK: AG: Institute for Justice, discussed rentals — has this permit Everything, I suspect, — you know, we don’t think nected from the community It is dangerous if the the case’s importance during — no other property within that the Schroeders they have constitutional that they spent their lives Schroeders lose. It means an interview with Mitch Kokai 400 feet of that property is were doing throughout arguments. But their basic in and the place where their that property rights are for Carolina Journal Radio. allowed to vacation rent. So this process was under argument is that the consti- children and grandchildren even more in jeopardy — they’ve really constricted the impression that tution and state law [don’t] and all of their friends are. that they are more at the the property rights in the Wilmington is going to prevent them from zoning. It has been really chal- whim of municipalities and city of Wilmington and operate as it always has. They can do anything they lenging for the Schroeders, cities, who think that they limited to a small group the People will be able to rent want with zoning. If that but they’ve been tough, can just change the rules in amount of people that are out their homes. They had means raffling off people’s and they’ve stood strong. the middle of the game and allowed to vacation rent. no idea that Wilmington property rights, if that They’re partnering with the that that’s perfectly fair, was going to change the means capping and limiting Institute for Justice to show and that they can take peo- MK: And this has had rules on them. the amount of people that that you can fight City Hall ple’s property and not have a direct impact on the can engage in this, if that and that the constitution to pay for it and require AG: clients that the Institute No, they didn’t. They means taking people’s prop- was designed to put limits them to compensate them- for Justice is working actually did their due erty rights by changing the on government and what selves when they take that with. Tell us about the diligence. They researched rules in the middle of the government can do to in- property, and that they can circumstances of your state law, local law, their game, then they think that fringe your property rights. give rights to small groups clients. [homeowners association] they can do that. of people. In this case, 2% MK: rules and regulations. They They think that their zon- What is the ultimate of the people with a 400- AG: David and Peggy Schro- consulted a Realtor and a ing power is just not limited goal of this suit? foot buffer around them eder are a retired couple. lawyer, who all told them by the constitution. That’s have the exclusive right AG: They raised their family that vacation rentals were why we filed this lawsuit — We want to establish to rent. Property rights in Wilmington. They were legal. They bought in a to demonstrate to the city precedent in North Carolina are very much threatened residents of Wilmington for community where vacation that they are in fact bound that a very pernicious idea if Wilmington is not held 30 years, and they recently rentals were lawful. by the constitution and to called amortization has accountable here. retired to the N.C. moun- But then what happened, stand up for the Schroeders constitutional limits. Amor- tains. But in order to stay when the city of Wilming- and other families who tization is this idea that Editor’s note: The Schroeders’ connected to their family, ton changed the rules on want to keep their property government can take your victory in Superior Court they bought a townhome in them, [the city] decided rights and not be arbitrarily property and — rather than does not set a statewide Wilmington. They were go- that they would raffle off deprived of those proper- pay you for that property legal precedent. If this case ing to live there as a second their property rights. So the ty rights through a raffle — it can force you to pay ends with the judge’s ruling home, and they were also city of Wilmington took system. yourself for their taking. against Wilmington, the going to rent the townhome the Schroeders’ use of their Under the N.C. Consti- Institute for Justice would Listen to this and other MK: out. property, took everyone’s use What sort of impact tution and under the U.S. have to seek another case to interviews online: They made substantial in- of their property in the city has this decision had on Constitution, it is well-es- challenge amortization as www.carolinajournal.com/radio vestments in the townhome, of Wilmington, and put them the Schroeders? tablished law that when unconstitutional. ANTHONY HENNEN COLUMNIST

16 CAROLINA JOURNAL // OCTOBER 2020 COMMENTARY The case against public sector collective bargaining

ago. This legislative effort to ban by between $889 million and $1.32 activity. According to one theory, collective bargaining was led by billion, depending on the type of the transformation of public-sec- Democratic Rep. Frank Snepp of Public-sector dispute settlement mechanism tor unions into organized political Mecklenburg County, who filed unions depend on adopted by lawmakers. This trans- machines may have spurred the the bill in response to an attempt lates into an additional cost of be- growth of unionization of state by Jimmy Hoffa and the Teamsters elected officials for tween $84.75 and $126.03 for each and local government employees DR. TERRY STOOPS to organize Charlotte police. The financial support. North Carolinian and a decrease in in the 1960s and 1970s. Today, the VICE PRESIDENT FOR RESEARCH General Assembly passed the ban This dependency state gross domestic product. state and local governments where JOHN LOCKE FOUNDATION on collective bargaining by a large Public-sector unions increase public-sector unions are strongest margin in spring 1959. adds a powerful government expenditures in two are the same dismal localities with Since passage of the ban, a few incentive for union ways. The first and most obvious unsustainable budgets, broken ometimes the legislation with Democratic lawmakers have filed way is to use the collective bar- pension systems, and corrupt, the fewest words unleashes bills to reverse course, but neither leaders to immerse gaining process to negotiate higher one-party rule. the greatest harm. Democratic nor Republican leaders their organizations in salaries, more generous benefits, Unions, employee associations, For example: “G.S. 95-98 is of the General Assembly have al- political activity. and expanded employment oppor- and their supporters argue that Srepealed. This act is effective when lowed proposed legislation to reach tunities for union members and the costs of collective bargaining it becomes law.” the governor’s desk. Instead, North those covered by union contracts. would be offset with improve- That’s the full text of House Carolina has remained a state that Increases in salaries, benefits, and ments in public services and Bill 710 and Senate Bill 575, both has discouraged efforts by labor thousands of public-school em- employment necessitate higher economic benefits from increasing filed by Democrats in the General unions to organize its public-sector ployees and advocates to travel to aggregate government spending, student achievement in public Assembly last year to repeal the workers. Raleigh on a school day in May. In which invariably leads to higher schools. But the research basis for state statute that prohibits collec- Today, North Carolina, South 2020, the group’s members elected taxes on individuals and business- such claims is unconvincing. As tive bargaining for public-sector Carolina, and Virginia are the only leaders who were “inspired by the es. The report outlines the tax im- such, I’m skeptical that embracing employees. Passage of either one three states to have statutory pro- powerful organizing and social jus- plications of allowing public-sector public-sector unionism in North would have imposed significant hibitions on collective bargaining tice focus of the Chicago Teachers’ workers to bargain collectively. Carolina would produce substan- costs on taxpayers without com- of all public-sector employees. By Union” and have embraced the The second way is to use the tive improvements in public ser- mensurate benefits. this time next year, the number of strategies and tactics employed by political process to support pro- vices or continue to spur economic While neither bill advanced far states will fall to two. Lawmakers their teacher union comrades in union candidates for key local and growth. during the last legislative session, in Virginia approved legislation Chicago and other large cities. And state offices. Sympathetic elected The primary goal of union- it signaled that public-sector earlier this year that would allow the NCAE is working hard to elect officials can then use their regula- ization is self-preservation, unions, employee associations, certain local government work- like-minded, pro-union candidates tory and legal authority to protect often at the expense of the public and the Democratic Party’s radical ers, including teachers, nurses, for legislative and state offices. union interests while using the purse. Economist Thomas Sow- wing have repeal of the statute in and firefighters, to bargain with Because G.S. 95-98 repeal ap- power of taxation to raise reve- ell summarized this perspective their sights. A Democratic major- their employers collectively. The pears to have political momentum, nues necessary to accommodate succinctly: “The biggest myth ity in 2021 would open the door legislation becomes effective May researchers from the John Locke compensation and employment about labor unions is that unions to public-sector unionization in a 1, 2021. Foundation and the Economic demands. are for the workers. Unions are for state that has remained relatively While South Carolina appears Research Center at The Buckeye Indeed, public-sector unions unions, just as corporations are for free of labor union coercion and to be safe from efforts to expand Institute produced a new report depend on elected officials, rather corporations, and politicians are continues to prosper as a result. public-sector unionization in the — available at johnlocke.org/re- than the market economy, for fi- for politicians.” The N.C. General Assembly Southeast, North Carolina is not. search — that estimates the cost of nancial support. This dependency North Carolina’s public-sector approved a ban on collective In 2018 and 2019, the N.C. Associ- repealing the collective bargaining adds a powerful incentive for pub- workers should work for the people bargaining by public-sector ation of Educators organized “Red law. We found the repeal would in- lic-sector union leaders to immerse of the state, not for union bosses employees more than six decades for Ed” walkouts that inspired crease state government spending their organizations in political and the politicians they control. The mostThe influentialmost influential thinkers thinkers in our in our educationThe mosteducation influentialschools schools are thinkers radicals are radicals in who our who educationadhereadhere to schools a collectivist, to a arecollectivist, radicals utopian utopian who adhere to a collectivist,vision.vision. utopian vision. Read ourRead latest our latest report: report: TheRead Politicization our latest report: of University The Politicization of University The PoliticizationSchools ofof Education University Schools of Education Schools of Education Download at go.jamesgmartin.center/researchDownload at Download at go.jamesgmartin.center/researchor call 919-828-1400 to request a hard copy. go.jamesgmartin.center/research or call 919-828-1400 to request a hard copy. or call 919-828-1400 to request a hard copy. CAROLINA JOURNAL // OCTOBER 2020 17 COMMENTARY Of academic freedom and false alarms

“Political and Social Values” sur- things I intend to say, the first vey. It begins harmlessly enough, actual attack turned out to be a as well, saying that the authors right-wing conspiracy theory. It just want to hear your opinion and was a useful lesson for readers not there is no right answer. to believe everything they see, and But then it takes a dark turn, for writers to take time to learn the GEORGE EHRHARDT asking whether the survey takers full story before they start hyper- COLUMNIST agree with statements like the ventilating. following: Second, it strikes me as an • Conservatives are morally infe- example of how opaque academia hree weeks ago, I opened my rior to liberals. can be to those outside its walls. email to find an unsolicited • If a few of the worst Republican At a practical level, this opaque- note from a lawyer, asking politicians were assassinated, ness suggests that both sides if I needed help. When I opened it, it wouldn’t be the end of the — those demanding reform and TI discovered it was from lawyers world. those on the defensive — be more at the Foundation for Individual Just to reiterate, we did not patient with each other. Rights in Education, asking if they assign this survey, and it wasn’t The class design and the survey could help with the controversy at a student who complained. He were my ideas. As a professor with Appalachian State, where I teach. showed it to a friend, who showed tenure, I’m confident taking con- What controversy? it to his mother, who complained. troversial stances. My co-teacher A few frantic emails later, I Nevertheless, even if we had — the one who got into trouble managed to piece together what assigned it, the outrage was still — is an adjunct on a contract that happened. starts with an opportunity provid- arguments from each side. misplaced. In reality, the survey could easily not be renewed. Can Over the weekend, a student in ed by the current online teaching We began the semester by is designed to measure “left-wing she be expected to pursue the my team-taught course objected environment. Without physical asking students to take a survey authoritarianism.” It asks extreme university’s traditional goal of — actually, his friend’s mother had classrooms, we can explore new from Jon Haidt, whose book The questions to elicit from respon- seeking truth on potentially con- objected — to a survey he took for ways of team-teaching and be in Righteous Mind: Why We Argue dents just how far they will go to troversial topics if some student’s class that seemingly advocated multiple places at the same time. about Politics and Religion argues suppress alternative thought. friend’s mom’s media contact can killing Republicans, and she re- A co-teacher and I designed a that there are different moral Intolerance is a real concern, potentially get her fired for some- ported it to a Townhall.com writer. “Current Political Issues” course “tastes” and different people are especially for us conservatives thing she didn’t even do? He produced a story, which brief- where we would each teach our hardwired to care about values like who persevere in higher educa- The various administrators at ly went viral. A friend even for- own sections but base them on authority, fairness, taboos, etc., tion. Surveys like the one taken by Appalachian State circled the warded it to me with an angry call shared content. differently. He argues that this the student are valuable. The more wagons around us, perhaps a little to defund the UNC System, totally The idea was that she (a occurs for evolutionary reasons — evidence we can gather, the stron- too zealously, but that’s not a bad unaware that it had happened in progressive Democrat) and I (a the “tribe” needs variety to adapt ger the case we can make for free- thing. The green-light rating FIRE my class. The controversy reached conservative Republican) would and survive. speech protections on campus. has given the university for pro- the UNC Board of Governors and engage each other in conver- One student in my co-teacher’s Besides that, though, what can tecting free speech was put to the our chancellor. sations about political issues section, however, took a different we learn from this about reporting test and found to be well-deserved. The problem was that the story and present them online to both survey at the same website where on higher education? was wrong in just about every way sections. This, we thought, would Haidt’s is posted, one that she did It is ironic, to say the least, George Ehrhardt teaches political imaginable. both model civil discourse for our not assign. It has since been taken that in a course where I may be science at Appalachian State So what did happen? The story students and let them hear sincere down, but it sounded innocuous, a criticized for the conservative University. When student debt is a good thing (and when it’s not)

Student debt also can be bene- students observed. If a student The least visible problem with the private sector should invest ficial when used responsibly. The starts college, takes on debt, and student debt, and consequently in alternative credentials, such as question is not whether we should makes satisfactory academic prog- the trickiest to solve, is credential apprenticeships and third-party eliminate student debt, but how ress, it is better to take on more inflation. Subsidized student loans, certifications, to knock the expen- we can ensure it is used only for debt rather than drop out. along with other forms of finan- sive bachelor’s degree off its perch beneficial purposes. All this presumes the loans are cial support for higher education, as gatekeeper to high-paying jobs. PRESTON COOPER When is student debt a good financing a worthwhile education. enable more people to get degrees. And when things do go wrong, COLUMNIST thing? “Good” student debt Unfortunately, much student debt Unfortunately, this leads employ- policymakers should find ways to finances credentials that provide often falls short of this ideal. ers to expect degrees from job can- make paying for education less adequate value relative to their There are three principal catego- didates, even when those jobs have burdensome, such as replacing STUDENT DEBT HAS a bad repu- cost, increase lifetime earnings, ries of “bad” student debt: not required degrees in the past. debt with income-share agree- tation. It’s under attack from the and supply students with skills • Debt taken on by college drop- How can we steer student debt ments. left, which sees debt as a ball and that are useful in the labor market outs, toward its beneficial uses and The federal government issues chain that ruins the lives of young and in life. “Bad” student debt • Debt associated with low-value away from funding noncompletion, roughly $100 billion in new stu- people who had the audacity to deviates from this ideal in one or degrees, and low-value degrees, and credential dent loans every year, and much seek a decent education. Many on more respects. • Debt that fuels credential infla- inflation? of that qualifies as “bad” debt. But the right share this dim view of A new NBER working paper tion. Colleges should be financial- the total eradication of student student debt but lay the blame at quantifies the beneficial effects of For people who borrow but never ly accountable for a portion of debt should not be the goal, since the feet of a higher-education bub- student debt. complete the degree, student debt student loans that are not paid student loans still can be beneficial ble that can’t get its costs under The study found that when can truly ruin lives. About two in back, which will encourage them when used correctly. Instead, the control. students borrow slightly more, five students fail to finish college to increase completion rates and right reforms can turn student debt There’s merit to both views. they are more likely to graduate within six years, with dropouts de-emphasize low-value majors. from a drag on borrowers and the Student debt can sometimes ruin college and enjoy higher earnings concentrated at for-profit schools There should be limits on the economy into a tool of individual lives, and the federal student loan down the road. There was little and community colleges amount students can borrow from empowerment. program has indeed driven bloat quantifiable impact on student Yet these students were both the federal government, particular- and a proliferation of useless loan defaults or homeownership encouraged and enabled to go to ly at the graduate level, to discour- Preston Cooper is a visiting fellow degrees. But the truth is more rates. The additional debt was an college by the heavily subsidized age degrees whose value doesn’t at the Foundation for Research on complicated. unambiguous net positive for the federal student loan system. justify their cost. Governments and Equal Opportunity. 18 CAROLINA JOURNAL // OCTOBER 2020 COMMENTARY For North Carolina voters, the choice is clear

small businesses, threw record arship program. The Democrat power. From a COVID-response numbers into unemployment lines, candidate for N.C. superintendent overreach by executive order, to and then proposed raising taxes If Republicans are in of public instruction promises to extending emergency manage- to help the very people his actions control we’ll get re- close half the charter schools. ment authority for months on end, hurt. Schools have been closed Democrat candidates across to packing the election boards, to since March, throwing parents and strained spending, the state, if elected, have sworn efforts to restructure the Rules BECKI GRAY students into chaos. lower taxes, debt re- to remove a ban on collective Review Commission, Cooper and SENIOR VICE PRESIDENT The damage to students won’t duction, and a buildup bargaining, paving the way for Democrat leaders have exerted JOHN LOCKE FOUNDATION be known for months or years. the unionization of every state power they didn’t have. When Incidents of domestic violence, in reserves. Republi- employee. the General Assembly provided child abuse, mental health, depres- cans have rolled back Bernie Sanders, Joe Biden, a backstop, the left turned to the orth Carolina voters have a sion, and substance abuse have Democratic legislators, and local courts with the intent to “sue ’til choice. We know what we’d escalated. We know who made the burdensome regu- officials supported and cheered on it’s blue,” an effort backed by big- get with continued Republi- decisions, but who will accept the lations, made better the recent unionization of nurses name national Democratic lawyers can leadership because — through responsibility for the damage? investments in edu- at Mission Hospital. The intent Eric Holder and Mark Elias. Nfour years of a Republican gov- In his latest budget, Cooper is to unionize nurses in hospitals Cooper and the Democrat city ernor and a decade of legislative would increase spending by $1 cation — focusing on across North Carolina. leaders in Raleigh ordered law initiatives — Republicans have billion, spend all money carried The N.C. Association of Educa- enforcement to step back as rioters shown us. over from last year, and increase students over systems tors, flexing its left-wing, extreme, tore down statutes and burned If Republicans are in control, debt by $5 billion. He would drain — and invested wisely progressive muscles, has organized and looted downtown Raleigh. Ad- we’ll get more of the same: reserve funds to pay recurring in infrastructure. and encouraged teacher walkouts dressing lawlessness, vandalism, restrained spending, lower taxes, expenses, leaving North Carolina and engaged in what they call and businesses across the state, debt reduction, and a buildup in vulnerable in the next storm or union activities. They have en- Cooper tweeted, “Let me be clear reserves. Republicans have rolled economic downturn. dorsed all Democrats running for about one thing. People are more back burdensome regulations, The only way to support the in- Medicaid expansion will add statewide office, including every important than property.” made better investments in educa- crease in spending and expansion 643,000 additional enrollees to a Democrat running for the N.C. Democrat-controlled Asheville tion — focusing on students over of government is increased taxes. program that already covers 20% Court of Appeals and N.C. Supreme has defunded a police force that systems — and invested wisely in “Millionaires” and “big corpora- of the state’s population. Expan- Court. has seen 30% of the force resign. infrastructure. tions” are specific targets, but we sion will cost an additional $4 We’ve seen shameless manipu- An Asheville-area reporter was We also know what we’d get will all pay in the end. Democrats billion to $6 billion a year, leaving lation of rules overseeing absentee viciously attacked by protesters with Democrats in control. We will bring back the earned income us directly responsible for $119 ballots by a Democrat-controlled who also delivered a casket full of know because they’ve told us, tax credit and death tax and open million to $171 million for mostly State Board of Elections, putting manure to the police department. through Gov. Roy Cooper’s bud- tax carve-outs for solar farms working age, able-bodied childless the very integrity of our elections Forty-seven Democratic legisla- gets, vetoes, and through legisla- and historic building renovations. adults. Democrats want a state- at risk. Pending lawsuits brought tive candidates signed a pledge to tion sponsored by Democrats in They’ll increase tax giveaways to wide universal health care system, by leftist groups have challenged a support radical leftist group Future the General Assembly. If they’re Hollywood film makers, removing which would — conservatively voter ID requirement, which voters Now Fund’s goals, including “real- in control, we’ll get big spending, the protective obscenity clause. — cost $41 billion in the first year, overwhelmingly approved. Dem- locating” resources away from law higher taxes, more regulations, a Every Republican budget since almost double the state budget. ocrats want to reinstate public enforcement. one-size-fits-all education system, 2011 has limited growth within the Cooper, if re-elected and sup- campaign financing and eliminate In this election, voters have a and bigger, invasive government. rate of inflation plus population ported by a majority in the legis- the Electoral College. clear choice between what two Cooper’s COVID executive orders growth. Democrats have rejected lature, would rip school choice out Not satisfied with the separa- parties propose for North Carolina. shut down the state’s economy, each one. Cooper has vetoed every from under thousands of students. tion of powers in our state con- We know because they’ve shown picked winners and losers, choked budget presented to him. They He would slash funding and then stitution, Democrats have made and told us what they’ll do. Now, the life and life savings out of don’t think we spend enough. eliminate the Opportunity Schol- numerous unauthorized grabs for it’s up to us.

LOGIC LOCKE HUMOR HEADA JOHN LOCKE FOUNDATION PODCAST

A no-holds-barred discussion on COMMON SENSE individual liberty and free markets.

FACTS www.johnlocke.org/podcast CAROLINA JOURNAL // OCTOBER 2020 19 COMMENTARY Five-year-old court ruling should raise concerns

school vouchers. Beasley warned of “the danger posed by the General Assembly in designating general funds for nonpublic education and a nonpublic purpose.” “[I]t effec- MITCH KOKAI tively undermines the support SENIOR POLITICAL ANALYST the legislature is constitutionally JOHN LOCKE FOUNDATION obligated to provide to the public school system,” she wrote. The voucher program “cir- he latest legal challenge to cumvents the mission of public North Carolina’s Opportuni- schools,” Beasley argued, and she ty Scholarships has yet to labeled the General Assembly’s head to a courtroom. But a review decision to enact a voucher pro- Tof a similar case from 2015 should gram “vexing.” raise concerns for scholarship Perhaps Beasley’s most damn- supporters. SCHOOL CHOICE. 12,183 students participated in the Opprtunity Scholarship JUSTICE CHERI BEASLEY. Beasley ing assessment of Opportunity The N.C. Supreme Court upheld Program in North Carolina in 2019. The program awards $4,200 per school used the words “cruel illusion” in Scholarships involved the words Opportunity Scholarships as year for eligble students to attend a private school of their choice. describing Opportunity Scholarships. “cruel illusion.” First, she em- constitutional five years ago. But ployed those words to criticize the justices split, 4-3, along party the “opportunity” in the voucher lines. At a time when the court program’s name. She used the lan- was still officially nonpartisan, all this and other educational issues comfort in the Hart decision, if tution’s provision spelling out “a guage again when assessing the four Republican-affiliated justices in our state. Our state and country the justices who sat on the N.C. right to the privilege of education.” program’s potential impact. supported the scholarships. All benefit from the debate between Supreme Court in 2015 occupied “The main constitutional flaw “Without systemic and cul- three Democrats rejected them. those with differing viewpoints the same seats today. But Martin in this program is that it provides tural adjustments to address Circumstances have changed in this quintessentially political is gone, along with two of the no framework at all for evaluating social inequalities, the further dramatically since the state’s dialogue.” other three justices who joined any of the participating schools’ cruel illusion of the Opportunity highest court delivered that vic- “Such discussions inform the his majority opinion in Hart. Only contribution to public purposes,” Scholarship Program is that it tory for school choice. Given the legislative process,” Martin added. Justice Paul Newby remains from Hudson argued. “[S]uch a huge stands to exacerbate, rather than changes, it’s worthwhile to revisit “But the role of judges is distin- that quartet. omission is a constitutional black alleviate, educational, class, and the Supreme Court’s 2015 written guishable, as we neither partici- Meanwhile, all three dissenters hole into which the entire pro- racial divides.” opinion in Hart v. State. pate in this dialogue nor assess the in the 2015 case remain on the N.C. gram should disappear.” Not only does Beasley still sit In upholding Opportunity wisdom of legislation.” Supreme Court. Two of the three Hudson also dismissed the on the Supreme Court. She has Scholarship school vouchers in “Our constitutionally assigned dissenting justices wrote opinions notion that a wider variety of op- served as chief justice since Mar- July 2015, the state’s highest court role is limited to a determina- in Hart. Neither dissent bodes tions in an “educational market- tin’s resignation in February 2019. overruled an August 2014 ruling tion of whether the legislation well for the future of a program place” would ensure higher-qual- Beasley’s current position gives from a single Superior Court judge. is plainly and clearly prohibited designed to help low-income fam- ity programs. “[M]arketplace her a larger role in overseeing the That judge had sided with critics by the constitution,” the chief ilies use tax dollars to send their standards are not a measure of court’s consideration of cases. She who wanted to kill the voucher justice explained. “Because no children to the schools of their constitutionality,” she wrote. has voted with the majority in program in the cradle. prohibition in the constitution or choice. “To the contrary, this Court must 99% of N.C. Supreme Court rulings Writing for the Supreme Court’s in our precedent forecloses the Justice Robin Hudson wrote insulate constitutional standards this year. (Hudson’s voted with four Republican members, then- General Assembly’s enactment of the main dissent. “Because the from the whims of the market- the majority 98% of the time.) Chief Justice Mark Martin assessed the challenged legislation here, Opportunity Scholarship Pro- place.” Since 2015, the Opportunity the General Assembly’s decision to the trial court’s order declaring gram provides for the spending No one can say for certain how Scholarship Program has grown to create a voucher program. Then he the legislation unconstitutional is of taxpayer money on private Hudson would rule in a second re- serve more than 12,000 fami- emphasized the courts’ proper role. reversed.” schools without incorporating any view of Opportunity Scholarships lies. They can use up to $4,200 a “According to the most recent Martin and the other three standards for determining whether today. But given her preference for year to send their children to the figures published by the Depart- members of the Hart majority students receive a sound basic watching the program “disap- schools of their choice. ment of Public Instruction, a large refrained from injecting their — or indeed, any — education, I pear” into a “black hole” in 2015, But a lawsuit tied to the N.C. percentage of economically disad- opinions about Opportunity Schol- conclude that the program violates voucher supporters would be wise Association of Educators teachers vantaged students in North Caro- arships into their ruling. Instead the North Carolina Constitution in not to count on her vote. union aims to end Opportunity lina are not grade-level proficient they agreed that a decision about two respects,” Hudson wrote. Just as disturbing for today’s Scholarships once and for all. If with respect to the subjects tested the scholarships belonged in the First, Hudson disputed the Opportunity Scholarship advo- the case heads to the state’s high- on the State’s end-of-year assess- General Assembly, the home of notion that Opportunity Schol- cates is the second dissent in the est court, dissents in Hart v. State ments,” Martin wrote. “Disagree- “quintessentially political dia- arships fulfilled a public purpose. Hart case. Having joined Hudson’s from 2015 suggest scholarship ment exists as to the innovations logue.” Second, she argued that voucher dissent, Justice Cheri Beasley add- supporters would face a tough and reforms necessary to address Voucher supporters might take spending violated the state consti- ed her own distinct criticism of audience.

THIS IS WHAT OPPORTUNITY LOOKS LIKE. LEARN MORE ONLINE AT: WWW.CAROLINAJOURNAL.COM 20 CAROLINA JOURNAL // OCTOBER 2020 FROM THE PUBLISHER CARTOONS

been locked in a legal battle with Each amendment garnered Confessions Cooper over his arbitrary COVID more votes than any statewide shutdowns. After Judge James candidate on the ballot, including of a judiciary Gale ruled in July that bowling current Supreme Court Justice Ani- alleys could reopen, the governor ta Earls. The tax cap amendment appealed to the state Supreme secured 280,000 more votes than junkie Court, which, unsurprisingly, sided Earls. “Yet Earls and her Supreme with him and shuttered the couple’s Court colleagues could end up continued from PAGE 2 business indefinitely. deciding whether the 2 million Fairwood Lanes is just one of an votes cast for the income tax cap untold number of small businesses and voter ID end up amounting With three justices’ seats to be devastated by Cooper’s unending to nothing,” wrote my John Locke decided this year, balance on the shutdown that couldn’t rely on Foundation colleague Mitch Kokai. court and the future of several our state Supreme Court for relief. Low-income students who popular public policies are on our As the National Federation of receive Opportunity Scholar- ballot. After Nov. 3, it’s likely to be Independent Business explained ships and their parents should either a 7-0 progressive Democrat in its endorsement of the Republi- be worried, too. Cooper has been majority, or if the slate of Republi- can slate, it’s important to have a an outspoken opponent of the cans — Associate Justice Paul New- judiciary that’s fair, impartial, and program, and current Chief Justice by, Judge Phil Berger Jr., and Tamara “understands issues affecting the Cheri Beasley authored a scathing Barringer — wins, a tenuous 4-3 small-business community.” minority opinion against them in Democrat majority. Along with NFIB, public safety 2015 as an associate justice. With The left knows how important its professionals like the N.C. Troopers a new teachers’ union lawsuit, majority is. Washington, D.C.-based Association are keeping close tabs Democrats look to weaken the political action committee Future on these races and have endorsed school-choice option. They will Now Fund wrote in an analysis the Republican slate, stating they pursue their goal through our state of N.C. redistricting: “The State prefer jurists “who rule by the Supreme Court because they can’t Supreme Court is Democratic … so law rather than legislate from the accomplish it in the legislature or that should be a check on Republi- bench.” in the court of public opinion. cans’ worst instincts.” Voters have reason for concern Voters can’t flip the majority in Translation: Democrats on the about this court legislating from one election cycle, but they can court are to safeguard a partisan the bench. Two 2018 constitution- begin to restore balance to the agenda and provide cover for al amendments — lowering the court. With so many important Democrat Gov. Roy Cooper when state income tax cap and estab- issues — including separation he oversteps his executive branch lishing voter ID — were opposed of powers, public safety, school authority. by Democrats but passed by voters. choice, voter ID, and the Cooper No one knows this better than Now they will end up in the state shutdown — riding on these three Fairwood Lanes owners Elizabeth Supreme Court, thanks to a leftist seats, we should all be judiciary and Timothy Robinson, who have special-interest-group lawsuit. junkies now. Republicans face tough fight for state’s highest court

polling from the Civitas Institute BY THE NUMBERS The September Civitas Poll asked Why? Voter awareness is low. and the latest campaign finance voters about the chief justice race Many N.C. voters are surprised data, it’s possible but difficult. $2.02 million and found Beasley leading Newby, to find we elect Supreme Court The Civitas Poll regularly fields Amount raised by Democrat 44% to 38%. justices instead of the federal ap- questions termed “generic ballot N.C. Supreme Court candidates. Democrats have been much pointment model. And even if they tests” for Congress, the General Republican candidates have more aggressive than Repoublicans did know, the ability to make an DONALD BRYSON Assembly, and the state Supreme raised $1.028 million. about fundraising — even during a informed decision is more difficult COLUMNIST Court. This measure is the percent- global pandemic. Unfortunately for because of the lack of accessible age of likely voters in statewide the three challenging Republicans, information, compared to Congress, surveys who say they intend to But two variables should give that means they’re at a marked for example. hen it comes to the vote for either the Republican or judicial Republicans concern: disadvantage. This lack of awareness is even state’s highest court, the Democratic candidate for a campaign fundraising and the The purpose of campaign fund- more disturbing when considering 2020 is a high-stakes given position. Since there are undervote. raising is to promote yourself, your the state’s highest court’s duty, year for N.C. Republicans. multiple judicial races, it may seem The most recent data, from the ideas, and your principles to the weighing legal decisions on issues WDemocrats now enjoy a 6-to- the generic ballot is too broad to N.C. State Board of Elections, are general public to garner widespread such as school choice, voter ID, and 1 majority on the N.C. Supreme forecast the outcome. But it has from second-quarter campaign support. the death penalty. Court. Because North Carolina’s proven to be an accurate predictor finance reports. According to that The ability to create more sup- All these issues come together to Supreme Court justices serve of statewide and national partisan data, Republicans have a substan- port for yourself than your candi- make 2020 an incredibly important “staggered” eight-year terms, three distribution of votes. tial money problem. Combined at date becomes difficult when you judicial election year for Republi- of the seven seats are up for elec- The latest Civitas Poll, fielded that point, the three Democratic have a substantial financial dis- cans and, even then, only working tion this year, including the chief Sept. 17-20, shows the generic candidates had $2.02 million cash advantage. It becomes even more on getting to a more substantial justice’s seat. Democrat and Republican Su- on hand, while the three Repub- complicated when considering the minority on the state’s highest The best-case scenario for preme Court candidates tied, with lican candidates had a combined problem of the undervote. court. But if Republicans succeed Republicans gets them to a 3-to-4 43% each. For Republicans, this is $1.028 million. In other words, Undervote occurs when no vote in winning at least two of the three minority on the court. While that’s an uptick from April, when they going into the long summer of an is cast for a single-choice election Supreme Court races, 2022 will be still a minority, it would be a much trailed by 3 percentage points, 36 election year, Democrats had a on the ballot. For example, in 2016, hotly contested because the parti- stronger position than having only to 39. Looking into these num- nearly 2-to-1 cash advantage. 4,741,564 people cast a vote in san majority of the court will hang one Republican on the bench. bers, it appears Republicans have Looking at the race for chief North Carolina for the presidential in the balance. If Republicans can make a clean made marked improvements with justice, we see a similar tale. Dem- election. In 2016, there also was On the other hand, if Democrats sweep, a tall order, they will be in a high-propensity voters, men, and in ocrat Chief Justice Cheri Beasley’s an election for the state Supreme win all three, they’ll have a majori- more advantageous position when the Charlotte media market. campaign, up until June 30, had Court, which saw 3,961,352 votes ty until at least 2026. two more Democrat justices are up In a state where Democrats have raised $1.09 million and had spent cast. for re-election in 2022. historically dominated in voter reg- $222,379. Meanwhile, Republican In other words, 780,212 fewer Donald Bryson is president and But can Republicans make a istration, tied on the generic ballot Justice Paul Newby’s campaign had votes, about 16.45%, were cast for CEO of the Civitas Institute, a public clean sweep of all three Supreme test is not a bad place for Republi- raised $598,375 and had spent only the state Supreme Court than for policy think tank in Raleigh. Reach Court races this year? According to cans in September. $39,111. president. him @donaldbryson. CAROLINA JOURNAL // OCTOBER 2020 21 CARTOONS COMMENTARY BY JOHN HOOD

Cooper State economic recovery is sputtering ccording to the latest jobs our neighbors, employment fell report, North Carolina’s 6.1% in Virginia, 5.6% in South faces test headline unemployment Carolina, 5.4% in Tennessee, and rate fell to 6.5% in August, down 4.7% in Georgia. Afrom 8.5% in July. Good news Perhaps our labor markets will on voter ID worth celebrating, right? look much healthier by Octo- Don’t pop the cork on that ber or November than they do champagne just yet. This was right now. Taking an accurate continued from PAGE 2 mostly a statistical artifact, temperature of any economy is not a major improvement in always a challenging task — and districts have been invalidated in the state’s labor market. While COVID has made it more so in court several times in the past. the government counted about many ways. Even if the newly elected General 100,000 fewer North Carolinians Right now, though, based Assembly enacts redistricting re- as unemployed in August, only on the available evidence, it form in early 2021 before drawing 28,000 got jobs. The remaining would be fair to say that North new maps, it is likely the result 72,000 dropped out of the labor Carolina’s economic recovery is will be challenged in court. Per- force. sputtering. Thousands of North haps the challenge will succeed. In other words, they either Carolinians are finding new jobs Do we really want to treat every gave up looking for a job in every month, to be sure, but action of a General Assembly as North Carolina or left the state. thousands more — frustrated, only provisionally legitimate, its In a healthy economic recov- FRUSTRATED, DEPRESSED, ANGRY. North Carolina’s economic recovery depressed, angry — are being left legal status dependent on wheth- ery, your labor force should be is sputtering. Thousands of North Carolinians are finding new jobs every behind. er a future court might strike growing, not shrinking. Indeed, month, to be sure, but thousands more are being left behind. For some, their employers or down districts or other rules un- according to other measures, their own small businesses have der which the previous elections North Carolina is experiencing gone bankrupt. Others have were held? Surely not. The result the worst economic recovery in intact employers but, faced with would be utter chaos. the Southeastern U.S. other 11 states in the Southeast our state’s labor-market recov- school closures, are having to cut Cooper and his supporters admit Let’s begin with the issue I just all had smaller declines. The ery to date. back their hours at work or leave that. In the lawsuit against voter referenced: labor-force participa- regional average dropped by just In August, North Carolina their jobs altogether so they can ID and the tax cap, they argued tion. In February, 61.6% of North 1.5 points. employers reported 4.3 million stay home with their young chil- that it would be OK for such an Carolinians at least 16 years of Now let’s look at employment filled positions. That comes to dren. Some are exiting the state “illegitimate” legislature to enact age and not living in some kind itself. Unlike the unemploy- about 350,000 fewer jobs than in in search of better opportunities budgets and the like but not to of institution were participating ment and participation-rate February, before the onset of the elsewhere in the region. amend the state constitution. in the labor force. That is, they statistics, the government’s COVID-19 recession, a drop of As we are in the middle of Reasonable people might were either employed or actively job count comes from a survey 7.6% in total employment. election season, you are of course agree with that distinction if the looking for a job. of employers, not households. Again, that’s the worst per- free to draw whatever political General Assembly possessed the In August, that rate was This survey has a much-larger formance in the Southeast. The conclusions you like. But first, power to amend North Carolina’s 57.5%. North Carolina’s la- sample size and produces more next-hardest-hit state, Louisi- please just give a thought, and constitution. But it doesn’t. By bor-force participation is down stable results. Unfortunately, it ana, experienced a 7% decline say a prayer, for the North Caro- majorities of three-fifths in both 3.9 percentage points. The doesn’t paint a rosier picture of during the same period. Among linians who are suffering. chambers, the legislature can place amendments on the ballot. COVID-19 Only North Carolinians them- selves can amend their constitu- tion. If the existence of gerryman- COVID response creates policy options dered districts truly established a ALTHOUGH WORKING justification for judges to prevent from trict-run public school, a chartered ESAs since the mid-1990s, and an “illegitimate” legislature from home provides a great deal of public school, a private school, a version of the idea has now enacting laws, it would make flexibility and potential benefits, I hope some state or a homeschool? Many parents become reality in many states. more sense for judges to strike professional and personal, most and local officials will answer “yes” to this formerly Flexibility and consumer choice down ordinary laws, not consti- of us don’t want to make it our are starting to plan multiple-choice question. should guide other post-COVID tutional amendments. After all, if default setting — even after, or They may use one mode for policies, too. For North Carolin- voters don’t like an amendment, perhaps because of, being ordered for a post-COVID older children and another for ians who want to telecommute, they can vote it down. But voters to work from home this spring future — one in which younger children. Or, working or even to found new businesses can’t do the same to laws. Two of during the initial response to the flexibility, adaptability, from home themselves part of from their homes, policymakers three judges on a Court of Appeals COVID-19 crisis. the week, some may opt for a should loosen any zoning and panel made precisely this point in The specific percentages vary and innovation will be hybrid approach: home education housing regulations that might a mid-September decision that, at by survey instrument, but the highly prized. as a base with some classes at a get in their way. least for now, restores the voter ID trend is unmistakable. Most school, or alternatively three to North Carolina should also provision. people who’ve telecommuted this four days a week at school with reform state licensing and insur- Let me put it another way: By year have liked some aspects of previously done at home. a day or two of enrichment in ance laws so that telemedicine popular vote, by direct democra- it. They want the option to, say, North Carolina policymakers homes, churches, arts, or athletic can become a permanent part of cy, North Carolinians decided to work a few hours a week or a few face many short-term challenges, pursuits, or part-time jobs. the health care landscape rather require voter ID. The governor and days a month from home. But I know. But I hope some state and If policymakers want to be than just a temporary expedient his allies claim this outcome was only about 12% to 19%, depend- local officials are starting to plan helpful, they’ll look for ways to during a pandemic. undemocratic. ing on the poll, want to transition for a post-COVID future — one in remove rather than erect imped- I’m not assuming our “new nor- It’s an extreme position to fully or mostly to home-based which flexibility, adaptability, and iments to flexibility and choice. mal” will look radically different defend, and not just for Cooper. employment. innovation will be highly prized. They’ll embrace education sav- from our “old normal.” There’s The N.C. Supreme Court will ulti- By no means am I saying, how- Just as increasing numbers ings accounts that allow parents no need to get carried away with mately decide the case. Three of ever, that the COVID crisis will of North Carolinians will reject to deduct the money they save grandiose predictions. its seats are up for election this fail to produce lasting changes binary choices when it comes to and invest in their children, along Even moderate shifts in tastes fall. You’ll be hearing a lot about in workplaces. If even 12% of us workplaces, increasing numbers with state deposits into ESAs for and behavior will require public voter ID again this cycle, like it end up telecommuting all or most of N.C. parents will reject all-or- families of modest means. policy adjustments. North Caro- or not. of the time, that would roughly nothing choices in education. My colleagues and I at the John lina’s leaders should be ready to double the share of work hours Should their children attend a dis- Locke Foundation have advocated enact them. 22 CAROLINA JOURNAL // OCTOBER 2020 COMMENTARY Gov. Cooper knows best, so who are we to question him?

positive tests. closed to in-person learning, even Oops, missed again. Too smart though state Republicans inces- for me, you two rascals. santly tried to change that. Too smart, too, for my John Oh, those tricky Republicans. Locke Foundation colleagues, I Middle and high schools remain JOHN TRUMP suppose, even with their degrees, closed to in-person learning. MANAGING EDITOR their brilliant reasoning, and Why send kids, who probably editorial profundity. One such won’t get seriously ill, to school colleague, Director of Regulatory anyway. All that social interaction Studies Jon Sanders, writes that, in — and the incumbent benefits — aybe I’m just too dumb to North Carolina, 98.22% of people the one-on-one help, the relief for get it. All that science and have never had a confirmed case of working parents … pfft. data. Stupid me, thinking I COVID-19. The isolation is good for them, could think for myself. People who aren’t infectious. don’t you know? Nothing warms MAt one point in my life, not that “Think about that: 98.22% of my heart more than watching long ago, really, I thought I was folks you’d sit next to at a bar, my twin boys lounging in their pretty smart. Well, smarter than watch a movie with, or stand next beds, phones in hand watching average, anyway. to in line to vote have never even videos from TikTok or Bleacher What a fool I was … am. had the virus,” Sanders writes. Report. At 9:30 a.m., because class Just plain stupid. That’s me. Bars and movie theaters have finished early, when they could be Thank you, Gov. Roy Cooper, been closed since March, despite meeting with teachers or talking for revealing my ignorance. For THEATER RIALTO heartrending pleas to the governor with, I don’t know, friends and offering evidence of why you, and RIALTO THEATER. Bars and movie theaters have been closed since March, de- from owners and staff to reopen. classmates. About homework, or so many others like you, are so spite heart rending pleas to the governor from owners and staff to reopen. Bars in “restaurants” are open, college. much smarter than me. You talk, as are breweries, and they have Keep them home where they’re and they listen. You give orders, been for months. I know this. I’ve safe, says the governor, our favor- and they follow. I think most of us supported the on a heap of charts and graphs seen this, at least I thought I did. ite scaredy cat. All along I thought Instead, I questioned your rea- state’s early response, including that only he and Dr. Mandy Cohen Falling apart, I am. that was up to us, the parents, to soning. Your motives. What was I the strict lockdowns. I believed an could accurately interpret. Still, I figured Cooper would keep them safe. thinki– … darn it, there I go again. emphasis on testing, education, I believed, for whatever reason, stop blatantly cherry-picking Stupid, stupid, stupid. Me and Won’t happen again, I promise. and good old-fashioned common more than a few reporters would winners and losers. He’ll throw millions like me. For some reason, I believed our sense would allow us to soon question the data and challenge those drowning people a rope, I A news reader from a Raleigh TV dear leaders — at all levels — resume some semblance of our Cooper and Cohen, not only on believed. He will, soon, especially station said this week the station including you, sir, bungled this former lives. That, with the right the veracity of the numbers but with cooler weather coming, when reached out to the governor about COVID-19 thing all to heck. leadership, people would be care- also the context in which they’re it’s not so comfortable for people to his plans for schools, but it’s been We failed, as a nation, to lock ful, would try to keep one another presented. sit outside. a couple of days and he hasn’t down early, and to recognize the safe. Other than a few exceptions I thought the goals and expec- Wrong again. gotten back to them. Couldn’t help dangerous potential of this virus. — goofily portrayed by reporters tations regarding outcomes for Cooper, before opening elemen- but laugh. Then, as the White House shifted on TV news — people have. testing, hospitalizations, etc., were tary schools, gave individual dis- Not too smart, either, are you? to the states responsibility for I believed the governor would rigid and immovable, as opposed tricts the option to reopen schools The governor knows best. Just responding to the virus, things got proceed with his plan, to reopen to swinging targets. We’ve hit and, largely because of pressure shut up and listen, comply. immediately political. in phases, and not to rely solely that magical 5%, as it relates to from teachers, they remained Just keep telling me it’s raining.

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and Labor committee, in the 5th; colonel and former chief prosecutor David Rouzer, who has strong agri- at Guantanamo Moe Davis, the culture bona fides that have made Democrat, and 25-year old Republi- him popular down east, in the 7th; can Madison Cawthorn. Cawthorn, Pat McHenry, who is Republican who is confined to a wheelchair leader on the House Financial because of an auto accident, spoke ANDY TAYLOR Services committee, in the 10th; at the Republican National Con- COLUMNIST and Ted Budd, surprising winner vention and has become a minor of a 17-person 2016 primary that celebrity. Without a college degree included four state legislators, in or political experience, he beat out ast year, a Superior Court the 13th. A close presidential race a number of talented candidates panel in North Carolina de- might provide some help to their in the primary. The district has clared the state’s congressio- challengers, but the coronavirus given us close races and interesting nal districts an unconstitutional epidemic makes it difficult to meet members — not just Meadows, but partisan gerrymander. As I noted people and generate energy to run former NFL quarterback Heath L THE “DO-OVER” DISTRICT. In the now infamous 9th Congressional District, Dan in a previous column, this was an Bishop faces corporate vice president Cynthia Wallace. a successful underdog campaign. Shuler, the colorful Charlie Taylor, egregious abuse of judicial power. Five other seats the GOP and Democrat Jamie Clarke and No matter; it is done. We should currently holds look more inter- Republican Bill Hendon, who ex- now look forward and examine the Holding won. The famous “snake” Wake County. The 4th has shifted esting. The party has an edge in changed the seat with one another effects the ruling will have on the 12th District was compressed and to the north and east to add Gran- three of them. In the now infa- four times in the 1980s. 2020 U.S. House elections. pushed into its southern tip in the ville and Franklin counties to its mous 9th — the district with the That leaves two districts that This was the third time this city of Charlotte. Yet the results territory in the western Triangle. “do-over” 2019 election following look likely to “flip,” the new maps decade North Carolina has redrawn were not particularly different. Members are therefore getting accusations of voter fraud in 2018 effectively giving Democrats the congressional district lines. In Twelve incumbents were re-elect- to know new constituents and — incumbent Dan Bishop faces seats. In both, the Republican 2016, decisions — eventually ed, and the Republicans main- voters. This ought to make races as corporate vice president Cynthia incumbents have retired. Deborah affirmed by the U.S. Supreme Court tained their 10-3 advantage. unpredictable as they can be in the Wallace. Two years ago, only 905 Ross, former ACLU state director, — voided the map drawn after the The current map is different days of partisan polarization, the votes separated Republican and state representative, and U.S. Sen- 2010 census because it constituted again. The 13th now bleeds into internet, and sophisticated polling. Democrat. The new district is a ate candidate, should win the 2nd a racial gerrymander in contra- the eastern Triad, and the 6th has Several of the races still look little wealthier. In the 8th, Richard that is now fully enclosed within vention of the 14th Amendment’s retreated to Guilford and Forsyth uncompetitive, however. The 1st, Hudson goes against former state increasingly blue Wake County. equal protection clause. counties. Instead of running from 4th, and 12th are all comfortably Supreme Court Justice Patricia Attorney Kathy Manning, who lost To comply, the General As- left-to-right together just west of Democratic and will be won by Timmons-Goodson. Although to Budd in the old 13th in 2018, will sembly approved a very different Charlotte, the 5th and 10th still run entrenched and elderly members the district’s demographics have likely capture the 6th that is now configuration. The 13th District side-by-side but now from top-to- of the delegation facing nominal changed little, the quality of the dominated by her home city of was moved from the eastern part bottom on the map. The 10th has opposition. Five Republican incum- Democratic challenge makes the Greensboro. of the Triangle to the Triad, and only Lincoln and Catawba counties bents are favored: Greg Murphy, race look quite close. two Republicans, Renee Ellmers in common with its former self. who succeeded Walter Jones after Out in the far west, the seat Andy Taylor is professor of political and George Holding, were “dou- The 2nd, which had formed a back- the longtime congressman died in vacated by now White House Chief science at the School of International ble-bunked,” forced to compete ward “C” around Raleigh, now oc- 2019, in the 3rd; Virginia Foxx, for- of Staff Mark Meadows is being and Public Affairs at N.C. State against each other in a race cupies the southern two-thirds of mer chair of the House Education contested by retired Air Force University. Did a third of the economy disappear?

and even government — during a this because users like to make trillion. Applying the decline of 9% specific time period. It’s measured in comparisons in annual terms. to $4.8 trillion gives a GDP loss in dollars, but those dollars are always With the economy Indeed, if you closely read the the second quarter of $0.43 trillion, adjusted for inflation, so the value having a GDP of $19 press release from BEA announcing or $430 billion. doesn’t rise just because prices trillion at the end second-quarter GDP results, you’ll Here’s one more point. There have increase. see it says “GDP decreased at an been numerous comparisons of the MICHAEL WALDEN of the first quarter, COLUMNIST One of the most significant uses annual rate [my emphasis] of 32% 2020 economic downturn to the of GDP is in determining recessions does this mean we during the second quarter of 2020.” Great Depression of the late 1920s and measuring their size. The major lost 32% of that — Translated, this means if whatever and early 1930s. The actual 9% GDP condition for a recession to occur decrease actually occurred in the decline in the second quarter of this THE HEADLINES WERE eye-pop- is GDP falling for two consecutive amounting to $6.1 second quarter were to continue for year does exceed any quarterly pull- ping. “Economy shrinks by one- quarters, which is six months. Then, trillion — in April, an entire year, the total drop would back during the Great Depression. third.” “All economic growth from once a recession is designated, May, and June of be 32%. However, the difference is the Great the last five years wiped out.” the size of GDP’s contraction gives So what was the actual decline in Depression went on for years, and “Worse than the Great Depression an indication of the recession’s 2020? GDP in the second quarter? It was the economy actually did shrink of the 1930s.” severity. about 9%. When BEA says the an- by almost one-third. Economists These were some of the reactions GDP declined modestly in the nualized decline was 32%, it means today don’t think the economy will to the recent release by the federal first quarter of 2020. With the this mean we lost 32% of that — that if the 9% drop happened for actually contract by one-third, and government of GDP numbers for the blockbuster drop in GDP during the amounting to $6.1 trillion — in four consecutive quarters, then they expect today’s recession won’t second quarter — April, May, June second quarter, we have an official April, May, and June of 2020? after adjusting for typical seasonal continue for years. — of this year. recession spanning at least the first Fortunately, the economy did not differences in the economy during The lesson here is economic Before I go any further, what in half of 2020. lose $6.1 trillion of GDP in the sec- the course of a year, the total annual headlines and economic details the world is GDP? GDP stands for Now let me get back to those ond quarter of 2020. The loss was contraction would be 32%. may not paint the same picture. “gross domestic product.” Think headlines. The report from the U.S. much less. Here’s the somewhat Wow, there’s a big difference Sometimes you have to dig to get of GDP as an aggregate production Bureau of Economic Analysis said complicated reason why. First, BEA between 9% and 32%. But the story the real meaning. value for the country. It’s a number GDP fell by slightly under 32% in likes to post most of its numbers on doesn’t stop here. The $19 trillion that represents all economic value the second quarter, just a hair short an “annualized basis.” What does GDP number at the end of the first Michael Walden is a Reynolds generated by all types of busi- of one-third. With the economy this mean? It means the numbers quarter is also an annualized figure. distinguished professor at N.C. State nesses — farmers, manufacturers, having a GDP of $19 trillion at are quoted as if they continue to The actual GDP created in the first University. He does not speak for the service companies, educators, etc., the end of the first quarter, does occur for an entire year. BEA does three months of the year was $4.8 university. 24 CAROLINA JOURNAL // OCTOBER 2020 COMMENTARY Funding gap in Cooper’s Medicaid expansion plan

million in the first year, and this Medicaid. enrollment, the composition of gap would persist. Last, we needed to develop enrollment, and costs per enrollee To come up with this gap, we The authors accurate enrollment figures and to determine the likelihood of each used three primary resources: believe there will the share of the new enrollees in scenario. We were then able to Cooper’s budget recommendations either the traditional Medicaid narrow our modeled scenarios into from 2019, a 2018 report from be a funding gap of population or the expansion Med- the two most likely scenarios to JORDAN ROBERTS the Urban Institute on Medicaid anywhere between icaid population. As stated above, calculate the cost to the states. HEALTH CARE POLICY ANALYST expansion enrollment, and Centers $119.3 million and this new group of enrollees’ com- Cooper has proposed taxes JOHN LOCKE FOUNDATION for Medicare and Medicaid Ser- position is critical because there on health insurance plans and vices data for per-enrollee expen- $171.3 million in the are different costs associated with hospitals to pay for the state share ditures in Medicaid. We built on first year. each type of enrollee and how of Medicaid expansion. The health mid a global pandemic and the Urban Institute’s model, which much the state needs to cover. insurance plans and hospitals an election year, Medic- projected 626,000 enrollees if After collecting all of this data, agreed to this tax but only for the aid expansion is again North Carolina expanded Medicaid percent of the costs for this pop- we built a model based on the en- baseline scenario amount from dominating headlines and debate in 2019. Urban estimated 261,000 ulation are covered by the federal rollment projections in the gover- Cooper’s budget. Aamong lawmakers. Gov. Roy of these new Medicaid enrollees government, and the state covers nor’s budget and the Urban report. When we take our two most Cooper, legislative Democrats, and would move from private insur- the remainder. The “traditional Neither the governor’s budget nor likely scenarios and compare the liberal advocacy groups steadfast- ance to Medicaid. enrollees” were previously eligible the Urban report was clear on how state costs to the amount of taxes ly support Medicaid expansion Using enrollment data from the for Medicaid before expansion but many individuals between the two collected in the baseline scenario, in North Carolina. They all have Urban Institute, total program only enrolled in the program after groups would enroll. that’s where we find the funding claimed repeatedly that the 10% costs from Cooper’s budget, and the expansion. The federal gov- The Urban report indicates gap of $119.3 million to $171.3 state share of expansion costs CMS’ cost per enrollee, we modeled ernment pays for 67% of the cost 626,000 total individuals will en- million in the first year. won’t have to be paid for by state likely scenarios and related costs. of these enrollees, and the state roll in Medicaid, but not how many Put another way, we believe money. Is this true? We then calculated how much tax covers the rest. enrollees would be in each group. Cooper is underestimating en- Not according to a new analysis revenue the governor would need Next, we needed to calculate the Cooper’s budget suggests that rollment and costs of Medicaid by the John Locke Foundation and for each scenario and compared it proper cost per enrollee. We took he believes somewhere between expansion. With a gap of $119.3 the Buckeye Institute in Ohio. to a baseline scenario to calculate CMS data on per-enrollee expendi- 500,000 and 626,000 enrollees will million to $171.3 million in the In the recently released report, the funding gap. tures from other states regarding be in both groups but isn’t clear on first year, the state would need the authors, one of whom is me, How did we build our model? the costs of children, regular Med- exactly how the new enrollees will either to appropriate this amount present evidence that Cooper is First, we needed to figure out the icaid adults, and expansion adults be distributed. from state funds or raise taxes on significantly underestimating share of traditional and expansion and adjusted them for inflation to Because the complete picture of hospitals and insurance plans. his Medicaid expansion scheme’s populations who would enroll in come up with a range of per-enroll- Medicaid expansion cost, enroll- Our analysis concludes that the enrollment and costs. Medicaid if North Carolina were to ee costs. ees, and costs per enrollee aren’t claim from those on the left that The authors believe there will expand the program. “Expansion These estimates were then used clear from the sources listed above, Medicaid expansion would cost be a funding gap of anywhere be- enrollees” are those who are newly in our model to predict the total we modeled 12 different scenarios no state money is very likely not tween $119.3 million and $171.3 eligible after expansion. Ninety cost for different populations in with different combinations of true.

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