A state judge just threw out two constitutional amendments because the GOP legislature was 'illegall

[Soph0571]

On Friday, Wake County Superior Court Judge Bryan Collins struck down two of the state constitutional amendments passed by North Carolina voters last November. But the reason he gave for his decision was remarkable: in his view, the state legislature is so gerrymandered as to be an illegitimate body that doesn’t really represent voters, and thus had no authority to alter the state constitution.

“An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution,” wrote Collins.

[link:https://www.alternet.org/2019/02/a-state-judge-just-threw-out-two-constitutional-amendments-because-the-gop-legislature-was-illegally-constituted/|

[Fullduplexxx]

1. So why cant this be done on a national level

[zaj]

3. Interesting approach, but I'm skeptical it will hold

[Codeine]

5. Because it's the sort of decision

that will not be upheld.

[olegramps]

7. Many on this board including myself believe that the presidentual election was legally flawed.

Personally, I don't accept that Trump is the legally elected president due to gerrymandering and voter suppression. Unfortunately the Republican Party has been able to commit illegal actions without facing a legal challenge in most cases. They have been able to make a mockery out of the principle of the separation of church and state with preachers outright indorsement of Republican candidates and going as far as condemnation of Democrats from the pulpit. This has been an especially effect tactic in local elections with limited coverage of public offices and has allowed the Republican extreme right dominate local governments such as school boards. This is especially troubling in regard to the curriculum that can used to indoctrinate students and suppress such issues as sex education.

[Honeycombe8]

8. Because....

districts aren't gerrymandered on a national level; that's done on local or state levels; and

A court had ruled previously that the districts were gerrymandered. This particular Court didn't decide on its own that the districts were gerrymandered; that would take a hearing or trial before a Court to decide that, with all the district information presented, arguments on both sides, etc. So THIS Court was merely saying that, because another Court found that the districts were gerrymandered, I now find that laws attempted to be passed based on those gerrymandered districts are unconstitutional.

[lostnfound]

2. I predict this will get overturned. Nt

[PTWB]

4. Maybe. But it's a damn strong statement and might open a few eyes.

[Honeycombe8]

9. I don't think so. This Court wasn't deciding on gerrymandering itself...

A court had ruled previously that the districts were gerrymandered. This particular Court didn't decide on its own that the districts were gerrymandered; that would take a hearing or trial before a Court to decide that, with all the district information presented, arguments on both sides, etc. So THIS Court was merely saying that, because another Court found that the districts were gerrymandered, I now find that laws attempted to be passed based on those gerrymandered districts are unconstitutional.

[littlemissmartypants]

6. Here's some info on

Judge Collins https://bit.ly/2SmVjPU

[SWBTATTReg]

10. Finally some anger perhaps reflecting voters whose votes are getting the short shift, and being...

ignored etc., by their supposedly elected representatives.

This is insane as to what is going on in NC...how in the heck does this happen in America?

This points out a definite need for a federal elections commission (one with teeth too) to oversee all state elections (states still maintain the election process, federals provide critical oversight with ability and authority to intervene immediately).

[Greybnk48]

11. Send that Judge to Wisconsin! We need him to

help with Republican lawlessness here!

[lindysalsagal]

12. He still doesn't own all the judges. As long as they hold, democracy survives.