REPUBLICANS LOSE LONGSHOT
REDISTRICTING APPEAL IN
US. SUPREME COURT
By Cash Michaels
Contributing writer
It was always a long shot, NC Republican legislative leaders seeking to overturn a major redistricting ruling by the state Supreme Court. So when the 6-3 decision came down late Monday to deny the GOP - even with a 6-3 conservative majority on the U.S. High Court - it wasn’t that much of a surprise to most legal experts.
There just wasn’t enough time between now and the May 17th primaries, and as several legal observers noted, the Supreme Court does not like getting into state redistricting controversies unless there is evidence of racial discrimination.
If the U.S. Supreme Court had ruled in favor of the GOP appeal, it would have forced the NC Board of Elections to change all of it’s primary election planning, something the federal justices did not want to do, especially with candidate filing ending just last friday.
Plus, the NC Supreme Court had spoken, had ruled 4-3 that the redistricting maps for 2022 legislative and congressional maps were unconstitutional partisan gerrymanders, order the Republican-led legislature to redraw them, and that a three-judge Superior Court panel would review them, and decide if they were acceptable.
That panel did exactly that, deciding that the legislative maps were fine, but the 14-district congressional map was problematic, and had outside special masters to redraw that, to the chagrin of GOP leaders.
They immediately rejected the congressional map, citing that per the U.S. Constitution, only the state legislature is empowered to redrawn the voting districts.
Apparently by a 6-3 vote Monday, the U.S. Supreme Court disagreed, effectively allowing the second redrawn maps to stand, and giving Democrats a better opportunity to win competitive legislative and congressional races.
Under the new congressional maps, Democrats can win at least six seats, with Republicans winning seven, leaving one as a competitive tossup.
Republicans aren’t all that gloomy though. The way they see it, if they can win at least one of two NC Supreme Court seats up for election this fall, that would immediately shift the 4-3 Democratic majority to 4-3 Republican. That, and holding onto their GOP majorities in the NC General Assembly.
They can sue gain to send the new maps up to their majority Supreme Court, and have new, favorable maps for the rest of the decade, they say.
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GOV. COOPER CONFERS WITH
HBCU CHANCELLORS AMID
NEW BOMB THREATS
By Cash Michaels
Contributing writer
Amid an active national FBI investigation, Governor Roy Cooper and NC Dept. of Public Safety Secretary Eddie Buffaloe Jr. spoke with the chancellors of the five historically Black colleges and universities (HBCUs) last week that had been targeted by numerous bomb threats to review safety protocols.
At press time, the FBI has been investigating bomb threats to 58 institutions across the country, most of them HBCUs, since January. Thus far, there have been no arrests. No explosions have taken place, and no explosive devices have been found.
“We recognize the fear and disruption this has caused across the country,” the FBI said in a statement, “… and we will continue our work to make sure people feel safe in their communities, schools, and places of worship.”
The FBI also confirmed that it is investigating the threats as “racially or ethnically motivated extremism and hate crimes,” which were received by phone calls, emails and online.
It’s been confirmed that Gov. Cooper and Sec. Buffaloe spoke privately with chancellors Harold Martin of N.C. A & T University in Greensboro; Elwood Robinson of Winston-Salem State University; Dr. Johnson O. Akinleye, Ph.D of North Carolina Central University in Durham; Dr. Karrie G. Dixon of Elizabeth City State University and DarrellT. Allison of Fayetteville State University last week.
“I am deeply disturbed by the recent reports of senseless bomb threats directed at HBCUs across our nation and particularly at Fayetteville State University," Allison said in a statement.
"Considering this threat, we acted quickly to ensure the health and safety of our university community. This university remains committed to our mission and vision of educating bright leaders all while making safety our first priority."
NCCU Chancellor Akinleye echoed the concern.
“It is an unfortunate incident because it is designed to create fear and intimidation to our students and disrupt our services but, as I said.... we are a very strong community. We are not going to be deterred and we are resilient about educating our students and will continue to do so.”
At press time Monday, the most recent HBCU to have received a bomb threat was ECSU, which was Feb. 25th. Press reports indicate that the campus was evacuated immediately, and all students, faculty and staff urged to stay away until it had been properly searched.
“College campuses should be safe places to learn without fear of violence, and it is particularly disturbing that these threats are happening predominantly to our HBCUs,” the governor said in a statement afterwards. “We’re fortunate to be home to many distinguished HBCUs in North Carolina and will use every tool to protect the safety of students and faculty on these campuses.”
The NC Dept. of Public Safety says it is working with federal authorities to ensure the safety of HBCU campuses.
“I can assure you that our law enforcement agencies and Homeland Security personnel within the Department of Public Safety are working with our federal partners and will utilize the resources we have to assist in the investigations,” Sec. Buffaloe said in a statement.
The Working Families Party, a progressive, multi-racial national political party, said that "The mere existence of Black schools, Black churches, Black political organizations and Black business are a threat. We see upswings in these attacks as backlash to Black resistance, the exercising of independent Black political power, the influence of Black social movements."
Anyone with information about the recent wave of HBCU bomb threats should call either their local law enforcement agency, or the NC Information Sharing and Analysis Center at 888-624-7222, or email it at ncisaac@ncsbi.gov.
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JUDGE KETANJI BROWN JACKSON
HOW WILL GOP TRY TO
DAMAGE JUDGE KETANJI
JACKSON FOR HIGH COURT?
By Cash Michaels
An analysis
On March 21st, the Senate Judiciary Committee will begin what are expected to be four days of historic confirmation hearings for U.S. Circuit Court Judge Ketanji Brown Jackson to become the first Black woman to formally sit on the U.S. Supreme Court.
If confirmed, Judge Jackson will replace the outgoing Justice Stephen Breyer, who at age 83 will be leaving the High Court the summer.
Judge Jackson has already begun her customary visits with various senators, hoping to build support in advance. While no Republican support is technically needed for Judge Jackson’s confirmation (assuming that all 50 Senate Democrats plus Vice Pres. Kamala Harris vote for her), Democratic leaders insist they’d like bipartisan support.
However, political observers say between now and then, pay keen attention for various rhetorical trial balloons Republicans, both on and off the committee, will publicly float in an effort to put numerous dents into Judge Jackson’s credibility.
Why, especially since Judge Jackson, 50, has already been confirmed as recently as last June by this very same U.S. Senate for her current seat on the U.S. Circuit Court of Appeals for the District of Columbia?
`In order to score political points for the upcoming 2022 midterm elections, observers say.
“She will probably be subjected to fierce questioning, opposition and attempts to blemish her record by partisan, right wing ideologies who serve in the Senate and will vote on her nomination,” says North Carolina Central University School of Law Prof. Irving Joyner, who makes clear that in his professional opinion, “The nomination of Judge Ketanji Brown Jackson is an excellent choice for President Biden to make as the next Justice to the US Supreme Court.”
Many legal experts - even Republican ones - agree with Prof. Joyner that Judge Jackson is unquestionably qualified. And yet, already her credibility is being challenged by conservative critics such as Fox News commentator Tucker Carlson, who has demanded that Judge Jackson’s LSAT scores be made public, something no previous High Court nominee has ever been asked to do before.
“One thing to which successful Black people can attest is that you are sometimes, even often, asked to prove your credentials, to demonstrate that you have earned your way and earned your position, often by far less credentialed questioners,” opined New York Times columnist Charles Blow.
Other Republicans, like Senate Minority Leader Mitch McConnell, indicated that while he intends to treat Judge Jackson “fairly,” he is concerned that she is backed by several “far-left dark money groups.” Other Republican senators have picked up on that cue, openly suggesting that Judge Jackson is a “radical leftist”
And because she was once a public defender, some Republicans are suggesting that she has been soft on crime.
“Radical leftist,” unknown LSAT scores, soft on crime and supported by liberal dark money groups - all add up to cogent 2022 campaign issues for GOP candidates vying for Congress this year.
NCCU School of Law Prof. Joyner counters that any fair hearing for Judge Ketanji Brown Jackson should yield the following:
She is well qualified and brings more and different qualification and experiences to the Court than any of the other presently sitting Supreme Court Justices possess. As a practicing attorney, Judge Brown Jackson is a former Federal Public Defender and will be the only Justice who has had personal experience as a criminal defense attorney, a needed skill-set for this Court. Her record as a District Court and Appellate Court Judge is exceptional and evidences her knowledge of and respect for the rule of law and the Constitution.
Prof. Joyner continued, In the past, she served on the District of Columbia District Court bench for eight years and provided outstanding service while there. She was previously successfully vetted by this Senate to become a member of the District of Columbia Circuit Court of Appeals and has served in that capacity for the past eight months. She had the honor of being one of the few African Americans who worked as a Law Clerk to any Supreme Court Justice when she was a Clerk to Justice [Stephen]Breyer. She is a young Judge who has paid her dues and left behind an impressive resume and record of judicial accomplishments. Judge Ketanji Jackson has been described by those who have practiced in her Courts as knowledgeable, fair, balanced and serious.
In the coming days, pay close attention to how what Republican senators say about Judge Jackson is far removed from what NCCU School of Law Prof. Irv Joyner has said.
If Judge Jackson wins confirmation, she won’t change the ideological leaning of the U.S. Supreme Court, which is currently 6-3 conservative, but she will bring, for the first time in history, the perspective of an accomplished African-American woman.
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