Race to the North Carolina Supreme Court and the politicization of the courts

Control of the North Carolina Supreme is up for grabs in the midterm elections. There are currently two seats held by Democrats, but if Republicans manage to win one, they would hold a majority. Currently, Democrats have a 4-3 majority.

The potential overthrow of the court has media very concerned about the politicization of the courts.

The politicization of the courts is increasingly a subject of conversation for a few years now, but has warmed up further over the past year. At the heart of some of those conversations was Judge Phil Berger Jr., still early in his term, who endorsed Allen in his primary. Similarly, North Carolina Supreme Court Chief Justice Paul Newby also expressed support for Allen in a tweet that wasn’t technically an endorsement. This sparked a ethical debate among those interested in the integrity of the bench.

While some have argued that the support Allen received in the primary pushed the envelope, there’s no doubt that the general election looks more like a full-on political campaign. The super PAC results for NC, Inc., which is linked to Senator Thom Tillis, amid a slew of targeted donations, bolstered Republican Supreme Court nominees with donations of $5,600. Additionally, former Rep. Mark Walker launched winthecourts.com, a website that supports Republican candidates for the Court of Appeals and the Supreme Court. Walker has occasionally promoted the effort on social mediashowing off a bus bearing the likeness of each candidate on its exterior.

Meanwhile, Beckett Adams writes of the left’s common response to political, court or electoral defeats:

Losing a presidential election? Abolish the The electoral college or claim the election was rigged (see: Bush vs. Gore, Trump vs. Clinton, and Kemp vs. Abrams). Even election truthful and former president donald trump , a lifelong Democrat, fell back on this playbook. (He learned from the best!) Losing a Supreme Court seat? Expand the bench. Losing a vote in the Senate? Complaining it’s not fair Wyoming, with a population of 580,000, has equal representation in the Senate as California , which is home to 39 million people. (Surprisingly, they never complain Rhode Island, 1 million, has the same representation as Texas, 30 million.)

A Supreme Court decision not right for you? Undermine the legitimacy of the entire institution.

In 2019, Democratic Senator Elizabeth Warren of Massachusetts said unequivocally that questioning the legitimacy of conservative victories is a key part of Democratic election strategy.

In other words, “It’s only legitimate when we win!”

Listen now:

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