Activist Courts Flexing Their Muscles In North Carolina

Just within the last couple of weeks, we have seen a number of cases and/or decisions with important implications within our state:

  1. US District Court Judge Catherine Eagles from Greensboro invalidated some requirements passed by the General Assembly that applied to the prescribing of the abortion pill. Eagles is a product of Kay Hagan and Barack Obama. Her decision is ridiculous because it is a longstanding general principle that state regulation can be more stringent than federal regulation;
  2. The 4th US Circuit Court of Appeals decided the State Health Plan must cover “gender-affirming care”. We can blame this, in part, on Supreme Court Justice Neil Gorsuch– a Trump nominee.
  3. Another US District Court activist judge, Loretta Biggs, decided that the state cannot make it a crime for convicted felons to vote.
  4. Judge Biggs is also presiding over a Voter ID trial. She has ruled against Voter ID in the past.
  5. There is one bright light. The North Carolina Supreme Court appears poised to rule that it is not proper to defer automatically to state agencies’ interpretation of rules. (A similar case is being considered in the US Supreme Court with respect to federal agencies.) It would be a huge victory for liberty if the state Supreme Court reins in state agencies (and if the US Supreme Court does likewise at the federal level).

The evil of judicial activism remains alive and well. Conservative majorities at the state and national levels do not completely protect us from the damage these judges can do.


2 thoughts on “Activist Courts Flexing Their Muscles In North Carolina

  1. Yes , there is no perfect balance but I am pleased with the courts we currently have, It may even get better in the years to come.

    1. Let’s hope so, Fred. There is definitely room for improvement, although, as you seem to suggest, we have not had during recent memory a more conservative US Supreme Court (or NC Supreme Court, for that matter.)

Leave a Reply

Your email address will not be published. Required fields are marked *