North Carolina’s top court has upheld the permanent block against a voter identification law, finding that lawmakers enacted it with “discriminatory intent.”
More African-American voters lack identification required under the law, Senate Bill 824, and a previous voter identification law was determined to be unconstitutional for that reason. That was part of a reason a panel of North Carolina judges used to conclude in September 2021 that Senate Bill 824 ran afoul of the equal protection clause in North Carolina’s Constitution. The clause states: “no person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.”
In a narrow 4–3 ruling on Dec. 16, the North Carolina Supreme Court upheld that earlier conclusion.
“We hold that the sequence of events leading up to S.B. 824’s passage supports the determination that S.B. 824 was enacted with the discriminatory intent to target African-American voters,” Justice Anita Earls, writing for the majority, said. “In doing so, we do not conclude that the General Assembly harbored racial animus; however, we conclude just as the trial court did, that in passing S.B. 824, the Republican majority ‘targeted voters who, based on race, were unlikely to vote for the majority party.’”
Acceptable forms of identification include driver’s licenses, passports, and student IDs.
The law was enacted in late 2018, with supermajorities of Republican lawmakers in both legislative chambers overriding a veto of Democrat North Carolina Gov. Roy Cooper. The law came after voters approved a constitutional amendment to require voter identification.
Before its passage, several Democrats said that data showed a larger percentage of black voters than white voters lacked the identification allowed under the proposal, but their concerns did not result in any changes to the bill.
Before the passage of the previous law, House Bill 589, lawmakers reviewed state data that showed more Democrat voters lacked the appropriate identification when compared to Republicans, and that most of the Democrat voters were black.
Most of the same lawmakers who voted for House Bill 589 voted to override Cooper’s veto of Senate Bill 824, the panel noted. It found that Republicans supported the bill “with limited analysis and scrutiny” in order to approve it before the party lost its supermajorities in the next session, a development that came because Democrats flipped a number of seats in the 2018 election.
Also counted against the defendants, including Republican North Carolina House Speaker Tim Moore, were “limited Democratic involvement” in the bill, the rejection of many Democrat-proposed amendments, and a lack of intent to help address the racial differences in identification holders.
Defendants have argued that provisions that were included in the bill, such as ordering county boards of elections to issue voter identification cards for free upon request, undercut the claims in the case. But prospective voters would have to go to a different location than a voting place to obtain the IDs, which could prove burdensome, the panel found.
The majority of the North Carolina Supreme Court said that their ruling should not be taken as saying no voter identification requirement laws are allowed, but that such laws should be less restrictive.
The majority was composed of Justices Robin Hudson, Samuel Ervin IV, Earls, and Michael Morgan.
All three Republicans on the court dissented from the new ruling.
In a dissenting opinion, one of them, Justice Philip Berger Jr., joined by Justices Paul Newby and Tamara Barringer, said that the legislature acted appropriately after voters approved a constitutional amendment.
“The plain language of S.B. 824 shows no intent to discriminate against any group or individual, and there is no evidence that S.B. 824 was passed with race in mind, let alone a racially discriminatory intent. The majority relies, as it must, on a misapplication of relevant case law and on its own inferences to reach a contrary,” he said.
He also noted that the new law enabled voters to vote without an ID if they produced a declaration that they suffered from a “reasonable impediment” to obtaining an acceptable form of identification.
North Carolina Senate leader Phil Berger said that a new voter identification law will be passed in 2023.
“If Democrats on the state Supreme Court can’t respect the will of the voters, the General Assembly will,” he said in a statement.
“We need to go back to the drawing board, and work in good faith to pass a voter ID law that will pass constitutional muster,” added Dan Blue, the leader of the state Senate Democrats.
Makeup to Change; Another Ruling
The new ruling came as North Carolina’s Supreme Court makeup is set to change.
In the midterm elections, Republican lawyer Trey Allen beat Ervin.
An open seat was won by Republican Richard Dietz.
Republicans will soon hold a 5–2 majority.
In another 4–3 party-line opinion released just before the change, the majority blocked North Carolina’s remedial Senate map, finding it unconstitutionally set boundaries to manipulate election results. [delete]
A remedial House map was approved, as was a congressional map.
In a dissenting opinion, Newby said the majority was trying to usurp the role of the legislative branch, which is charged with redistricting.
In an earlier ruling, he said, “the majority effectively amended the state constitution to establish a redistricting commission composed of judges and political science experts,” adding, “When, however, this commission, using the majority’s redistricting criteria, reached an outcome with which the majority disagrees, the majority freely reweighs the evidence and substitutes its own fact-finding for that of the three-judge panel.”
“More African-American voters lack identification required under the law, Senate Bill 824, and a previous voter identification law was determined to be unconstitutional for that reason.”
But when it comes to applying for and receiving free stuff from the government, welfare, financial support and other things that require an ID. then more African-American voters, have the identification required to receive the free stuff.
The lies, cons, deceptions, hypocrisy and treachery of the woke, socialist Democrat Party cult and their disciples know no bounds.
That’s a lie. You must show ID to get welfare and food stamps. So liberals need to stop with AA don’t have ID. You also see a lot driving
THEN EVERY DAMN ONE of those judges, needs to go back to school.. iF THAT’s how they really think.
KINDERGARDEN will be a good start.. Assuming they can get in, since they obviously lack photo id.
They are absolutely correct. In the state of NC, six African-Americans don’t have an ID, and only four non-AA don’t have one, so definitely, more AAs will be hurt by this law. (Yes, that’s sarcasm) What utter nonsense. When Wisconsin was fighting over voter ID, it took them SIX MONTHS to find ONE PERSON who couldn’t easily get an ID, and that was a lady in her 90s who was born at home and had neither a birth certificate nor anyone to testify of her birth. ONE PERSON!!! All of this garbage about the difficulties of getting an ID is pure BS.
How had that 90 yr old, gotten ANYTHING done in the time she was alive, if she had no id?
The point really isn’t people don’t have an ID or can’t get one, it’s that scrutiny of ID at poling places would most likely uncover all sorts of voting fraud (favorable to Democrats) in the process. When a legal form of ID is required for nearly everything these days it’s doubtful the court’s assessment is correct, it’s political pandering!
HENCE why these traitors, voted with the COMMUCRATS.
THEY want the fraud to exist.
Still living the lie. Look, black people MUST have photo ID to receive welfare and food stamps. To take most legal actions a photo ID is required. A person can’t enter most court houses without photo ID. So please stop all the lies. It’s ********.
HOW dare you bring facts up against their feelings..
To Scruffy_USN_Retired and joe23006. There is no way to top both of your comments, both well stated because there TRUE.
When did “equal protection” become “equal results”? Equal protection means anyone who presents legal ID shall be permitted to vote; anyone who fails to present legal ID shall be barred from voting (or may only vote provisionally); and whenever those rules aren’t followed, the matter will be determined without regard to the specific plaintiff. It particularly doesn’t mean that anyone should be allowed to vote whether or not they can prove they are entitled to.
Moreover, since when is the role of the courts to determine intent—not just of individuals, but of laws?! Courts should be examining how the laws, as written, comport with the state and federal constitutions; and how the facts of the case comport with the laws, as written… and leave the mind-reading to carnival acts.
WHEN IT was never EVER, about equality..
BUT SUPERIORITY!
How does one prove “intent”? I’m pretty sure that the reason Democrats don’t want voter ID is to make it easier for them to cheat. I’m not sure how I can prove that because it’s not like I’m going to get my hands on a memo or phone recording from some Democrat stating that’s their plan. So I’m curious what evidence these Democrat activists in black robes used to support their assertion that Republicans passed voter ID to prevent blacks from voting and not to improve election integrity. I mean, couldn’t it be a legitimate need to make a voter prove who she is before she casts a vote? Does it not invalidate the election system is someone can walk in, demand a ballot, vote and leave, and we have no idea who she was or if she was even an eligible voter? The question they’re never able to answer is, with all the places one is required to show ID, why is the practice allowable in all of them except for voting?
BECAUSE the leftist media claimed it was the SOLE GOAL of that law..
>> which could prove burdensome, the panel found. <<
Apparently it's only a burden when it involves voting, not, as Scruffy and others have pointed out for years, but not a burden where welfare, credit cards, driving licenses, buying alcohol, etc.,etc., are concerned.
OR say, when those same minorities, are going to buy GUNS legally..
How patronizing and racist. In other words, according to this Court, blacks are either 1) too lazy or 2) too stupid to get an ID.
Divining “intent” is the same crappe as “hate” speech and “white” supremacy, etc.!!! It’s all part of the process of “baffle them with bullshite.”
If they are too lazy to procure a valid ID, they are more than likely too lazy to bother to vote. And if these ridiculous people think it’s such a burden for anyone to get an ID, why don’t they have a campaign to help them, just like they do with the voter ID registration cards? The ignorance of these courts is astonishing.
The requirement to have identification was ruled to be discriminatory. Why stop with voter ID? Start at the beginning. Why should identification not be dispensed with at birth? A birth certificate with a name on it must also be discriminatory. A baby is not going to pay the hospital bill anyway, so who cares who it is? Why have candidates using names when they run for office if the country is run by nameless and faceless bureaucrats from the depths of swamp water?
How can you write a law that will pass “Constitutional muster” when the judges are free to make a ruling based on whatever they think was the “intent” of the legislators. Thank God the NC supreme court will soon have a Republican majority, but that doesn’t guarantee anything. People who get power quickly start believing they know better than you and me.