Author: A.P. Dillon

The North Carolina Court of Appeals has granted a stay of a Wake County Judge’s ruling pending review of the Writ of Supersedeas filed this week by state lawmakers. The order from the Court of Appeals grants a stay motion requested by filed by Speaker Tim Moore and Senator Pro Tem Phil Berger and the ruling by Wake County Judge Bryan Collins is temporarily suspended. The order also says that the court will consider the Writ of Supersedeas “upon the filing of a response to the petition” or no response is filed in the proper time frame. March 1, Superior Court Judge George Bryan Collins, Jr. ruled that two out of four state constitutional amendments passed by North Carolina voters in 2018 were invalid because the State Legislature was itself “illegal.” “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,” Collins wrote in his ruling. “Although the ruling only directly invalidates the two laws that were challenged in the suit, under Judge Collins’s theory every act passed by the General Assembly between June 5, 2017, and December 31, 2018, is invalid,” says…

State lawmakers have now filed a 32-page Writ of Supersedeas after a motion for a stay was rejected. A Writ of Supersedeas is a legal filing, similar to a stay of proceeding, which suspends a trial court’s judgment until an appeal is heard. “More than two million North Carolinians had their votes suppressed on critical issues of election integrity and the income tax cap for their families,” Speaker Moore said in a statement. “The Court of Appeals should reverse this outrageous decision as soon as possible to restore the people’s confidence that their voices matter and cannot be invalidated by a single judge who disagrees with their decision,” said Moore. On March 1, Superior Court Judge George Bryan Collins, Jr. ruled that two out of four state constitutional amendments passed by North Carolina voters in 2018 were illegal because the State Legislature was itself “illegal.” “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,” Collins wrote in his ruling. “The trial court became perhaps the first court in the country to invalidate legislation based on the theory that a state’s legislative branch…

North Carolina state lawmakers have filed a motion to stay a ruling made this past week that invalidates two constitutional amendments passed by voters in 2018. The motion, filed by House Speaker Tim Moore (R-Cleveland) and Senate Pro Tempore Phil Berger (R-Rockingham), calls into question the logic of the ruling, its impact on elections, election law, voting districts, and past laws such as budgets. “The precedent created by this decision casts doubt on even more laws and causes public confusion,” the motion says. Last Friday, Superior Court Judge George Bryan Collins, Jr. ruled that two out of four state constitutional amendments passed by North Carolina voters in 2018 were illegal because the State Legislature was itself “illegal.” “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,” Collins wrote in his ruling. A press release by the office of Senator Phil Berger blasted Collin’s ruling. The press release states that Collins’s decision “tosses aside the will of more than two million voters” who cast a ballot for the voter ID amendment. The statement says the same disenfranchisement applies to those who cast a ballot…