Raleigh, North Carolina (AP) — two judges from the North Carolina Supreme Court — the son of a powerful legislator among them — said Friday that he would not leave the proceedings to challenge the pair of constitutional amendments. rice field. Identity.
Deputy Judge Phil Berger Jr. And Tamara Barringer separately write that when hearing the proceedings filed by the state NAACP, each believes that “it can and will be fair and impartial.” Both judges partially quoted the will of voters who elected them in 2020 to resolve judicial issues.
Civil rights lawyer Last summer, two judges were asked to be disqualified From quoting the dispute and participating in the deliberations. Lawyers pointed out Berger as the son of Republican state senator Phil Berger, a defendant in a proceeding that partially challenges the legality of the 2018 state-wide referendum, which enshrines the obligation of voter IDs in the North Carolina Constitution. .. And as a senator, Ballinger voted in favor of holding a referendum on the revision of voter IDs.
The young Berger wrote that it was clear that his father was listed as a defendant for his official proceedings and that the proceedings were really against the state.
“More than 2.7 million North Carolinians know about or at least have the information available to them about their father’s service in Congress, so they consider and resolve important constitutional issues such as those here. I chose that, “Burger wrote, denying the counter-argument.
Barringer calculated that out of the 100 judges before the court so far, just over half of them first appeared in the legislature and judged state law fairly and impartially.
“I follow a strong and firmly rooted tradition of reaching the conclusion that I will not resign myself because of the previous legislature,” Baringer wrote.
Following a request for judicial disqualification in July, the seven courts postponed oral arguments regarding the content of the proceedings. And in September, he asked the lawyer to address more than 20 questions related to the counterargument, such as whether the judge could request a dismissal against the will of a colleague. The result was a flood of documents by lawyers and scholars. Also, among some Republicans, the majority of judges are afraid that registered Republicans Burger or Ballinger could be dismissed. The Democratic Party has the advantage of 4-3 seats in court.
The Supreme Court last week announced a decision declaring that individual judicial decisions could be made on their own or that others in the court could be asked to do so. The court states that no matter which option is used, the judicial disqualification decision is final.
Friday’s order should allow the court to immediately take up the discussion in the case. The proceedings challenge another amendment that lowered the state’s income tax cap.
Judge withdrew the amendment in 2019They declared that they lacked the power to vote on questions, as many lawmakers were illegally elected from what was previously declared by judges as a racially biased district. However, the Court of Appeals overturned that decision in 2020.
This proceeding is one of three pending proceedings in North Carolina that challenge voter IDs. The law, which was approved in late 2018 to implement ID details after a successful referendum, is currently unenforceable. The federal proceedings will be brought to court later this month before the U.S. Supreme Court agrees to hear a debate about whether legislative leaders should be allowed to formally defend the law in court. was. And in September, the state judiciary ruled that the law was unconstitutional.